Allahabad High Court
Babloo Kumar Alias Ram Kripal Yadav vs Luxmi Kant Mishra And Another on 7 April, 2023
Author: Kaushal Jayendra Thaker
Bench: Kaushal Jayendra Thaker
HIGH COURT OF JUDICATURE AT ALLAHABAD A.F.R Court No. - 44 Case :- FIRST APPEAL FROM ORDER No. - 68 of 2023 Appellant :- Babloo Kumar Alias Ram Kripal Yadav Respondent :- Luxmi Kant Mishra And Another Counsel for Appellant :- A.K. Singh Counsel for Respondent :- Anubhav Sinha Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. Heard learned counsel for the appellant and learned counsel for the respondents
2. By way of this appeal, the appellant has challenged the judgment and order dated 31.03.2006 passed by Workmen's Compensation Commissioner and Assistant Labour Commissioner, Allahabad in C.P. No. 002 of 2005 awarding compensation of Rs.5,16,672/- with interest at the rate of 8%.
3. By way of this appeal the appellant who is the claimant has preferred the appeal on a short point contending that the Workman's Commissioner did not grant interest at the rate of interest at 12% though the statutory rate of interest under Section 4A of the Workman's Compensation Act obliges the Commissioner to grant interest at the rate of 12%. The accident occurred on 27.05.2004 as per the judgments of the Apex Court the amount under Section 4 would accrue from the date it become due. The Apex Court in Civil Appeal No.7470 of 2009 North East Karnataka Road Transport Corporation Vs. Smt. Sujatha decided on 2.11.2018 has held as under :
"9. At the outset, we may take note of the fact, being a settled principle, that the question as to whether the employee met with an accident, whether the accident occurred during the course of employment, whether it arose out of an employment, how and in what manner the accident occurred, who was negligent in causing the accident, whether there existed any relationship of employee and employer, what was the age and monthly salary of the employee, how many are the dependents of the deceased employee due to injuries suffered in an accident, whether there was any insurance coverage obtained by the employer to cover the incident etc. are some of the material issues which arise for the just decision of the Commissioner in a claim petition when an employee suffers any bodily injury or dies during the course of his employment and he/his LRS sue/s his employer to claim compensation under the Act.
10. The aforementioned questions are essentially the questions of fact and, therefore, they are required to be proved with the aid of evidence. Once, they are proved either way, the findings recorded thereon are regarded as findings of fact."
4. The provisions of Section 4A which relate to compensation to be paid when due and penalty for default which came to be amended in the year 1995. This Court fortified in its view by the decision of this Court passed in F.A.F.O No. 605 of 2021(Sushma And 2 Others Vs. Satpal and Another), United India Insurance Co. Ltd. Vs. Ram, 2021 ACJ 1030. Shivlal and the decisions of this Court in Shivlal and another Vs. Vivek Shankar Gupta and another, 2020 0 Supreme (All) 1453.
5. As far as other questions of facts are concerned this Court cannot delve into the same and the same are answered in negative.
6. Sri Anubhav Sinha, learned counsel has submitted that for no default of the insurance company the matter remained pending from 2006 till 2023 on the defective list. The said contention is upheld, however, from 2006 till 2020 the insurance company cannot be saddled with the interest thereafter they will pay 12% interest. The interest will accrue from the date it becomes due i.e date of accident till the amount is paid except the interregnum period as specified herein above.
7. In view of the above, the appeal is partly allowed. Award and decree passed by the Tribunal shall stand modified to the aforesaid extent. The amount be deposited by the respondent-Insurance Company within a period of 12 weeks from today.
8. Record be sent back to tribunal forthwith.
9. This Court is thankful to both the learned Advocates for ably assisting this Court.
Order Date: 7.4.2023/PS