Punjab-Haryana High Court
State Of Haryana & Others vs Satish Kumar on 18 April, 2012
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No. 1745 of 2004.
Date of Decision: 18.4.2012.
State of Haryana & others
.... Appellants
Versus
Satish Kumar .... Respondent
CORAM: HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. O.P. Sharma, Addl. AG, Haryana, for the appellants.
None for the respondent.
NAWAB SINGH.J (ORAL) This appeal has been filed by State of Haryana against the judgment dated June 30th, 2003 passed by the Commissioner, Rewari under the Workmen's Compensation Act, 1923 (for short "the Act).
2. Satish Kumar suffered injuries on April 18th, 2000 while on duty as Helper in the office of Public Works Department Public Health, Rewari. He suffered 20% disability. He filed claim application before the Commissioner under Section 22 of the Act.
3. The Commissioner awarded compensation of Rs.47,294/- to the claimant along with interest at the rate of 12% per annum from May 18th, 2000, that is, one month after the accident till the date of adjudication.
4. Learned counsel for the appellant has challenged the judgment only on the short ground that interest should not have been awarded from May 18th, 2000 rather it should have been awarded from the date of adjudication, that is, June 30th, 2003. The submission of the counsel for the appellant is not tenable. In Sh. Anish vs. Nasrudin Kureshi and another FAO No.2509 of 2011 decided on January 16th, 2012, this Court after relying upon judgments of the Hon'ble Supreme Court in (i) Pratap Narain Singh Deo vs. Srinivas Sabata and Another, (1976) 2 Supreme Court Cases 289(ii) Kerala State Electricity Board and another vs. Valsala K. and another etc. etc. AIR 1999 Supreme Court 3502 and of this Court, (iii) New India Assurance Company Limited vs. Manphool Singh and others, 2009 ACJ 458 held as under:-
(i) The relevant date for determining the rights and liabilities of the parties is the date of accident.
(ii) The compensation becomes due from the date of accident and not from the date of order of adjudication by the Commissioner, and
(iii) The employer has been given thirty days' cushion and interest shall start running and liable to be paid after thirty days of the accident.
5. Above being the legal position, the impugned judgment does not suffer from any illegality or irregularity. Hence, the appeal is dismissed.
18.4.2012. (NAWAB SINGH) SN JUDGE