Karnataka High Court
Smt.Rizwana Begum W/O Late Md. Saleem vs The Divisional Manager on 15 December, 2010
Author: Ram Mohan Reddy
Bench: Ram Mohan Reddy
IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 15" DAY OF DECEMBER, 2010 -- BEFORE THE HON'BLE MR.JUSTICE RAM MOHAN REDDY _ MFA No. 31691/2009 eve), vig BETWEEN: I. SMT.RIZWANA BEGUM W/O LATE MD. SALEEM Age:34 YEARS, OCC:HCUSEH TOLD MD.ASAD S/O.LATE MD. SALEEM, _ Age:10 YEARS. MINOR: SANA BEGUM D/9. LATE MD. SALEEM Age:8 YEARS; MINOR SAMEFR S/O. LATE. SALEEM Age:6 YEARS, MINOR _ SMT. KAHIMA BEC UM w/ O. ASAD ALI Age:64 YEARS, OCC: HOUSEHOLD . ALL.R/O.HOKRANA (B) VILLAGE TQ. & DIST. BIDAR. APPELLANTS NO.2 TO 4 ARE MINOR * UPS OF "APPELLANT NO.1 ... APPELLANTS (BY. SRI. BASAVARAJ R MATH, ADV.) os AND : "THE DIVISIONAL MANAGER THE NATIONAL INSURANCE CO. LTD. DIVISIONAL OFFICE, GULBARGA. 2. SAMIUDDIN AHMED S/O. AHMED NAJEERUDDIN OCC: BUSINESS AND OWNER OF APB/2005 R/O.H.NO.2-1-240 NGO COLONY mS ZAHEERABAD (AP). vee RESPONDENTS
(BY SRI. C. S. KALBURGI, ADV. FOR R-1, 536. RV. ve as ii Ba ds NOTICE TO R-2 DISPENSED WITH) wi ene THIS MFA FILED U/S 30(1)OF Wc ACT AGAINST 'THE:
JUDGMENT AND ORDER DATED: 28.02.69 PASSED IN. WCA/FC/CR NO. 06/06 ON THE FILE OF LABOUR OFFICER & COMMISSIONER FOR WORKMEN BIDAR, -PARTLY.- ALLOWING o THE CLAIM PETITION AND SEEKING FURTHER ENHANCE} MENT - OF COMPENSATION.
THIS MFA COMING ON.- FOR ORDERS THIS: DAY, THE COURT MADE THE FOLLOW! ING: :
JUDGMENT ° The legal "representative of the deceased ~--cleaner of a lorry dissatisfied sith the judgment and order dt. 28.2.2009 in wea/E FC/CR-6/2006 of the Commissioner for W Workien' s Compensation, Bidar, has presented this appeal.
2. The.only contention advanced by the learned counsel for the appellants is that the Commissioner for ~-. -Workmeni's Compensation was not justified in ordering = : interest at 12% p.a. 30 days after 28.2.2009 the date of ~-. order.
3. Learned counsel for the respondent-Insurance Company, the insurer of the motor vehicle in question seeks to sustain the order impugned as being "weil. merited, fully justified and not calling for interference.
4. There is considerable force in the submission of the learned counsel for the appellants that the Commissioner for Workme n's 'Compensation in the order impugned directed paymeni of interest at 12% p.a. from 30 0 days after the date of. order, In that view of the matter. the substantial question of law that arises for decision making is.) whether the Commissioner for Workmen's | Compensation | was justified in ordering interest at the rate of 12% p.a. from 30 days after the date of order °?
- - 5. _. Having regard to Section 4A(3) of the "Workmen's Compensation Act, 1923, investing a . jurisdiction in the Commissioner for Workmen's Compensation to award interest at the rate of 12% per J annum on the amount determined as compensation with effect from 30 days after the amount fell due, it is needless to state that the Commissioner for: Workmen' 2 Compensation ought to have ordered payment af - interest 30 days after the date of. accident ie. 27.10.2005 and not 30 days aiter 28.2 2.2009, 'the date of order. The substantial . 'question | 'is. answered accordingly.
In the result, the appeal is aliswed in part. The order dated 28, 2, 2009 of 'the Commissioner for Workme en' S "Compensation is : modified entitling the appellant t to interest at the rate of 12% per annum from 30 da 'ys after the date of accident i.e. 27.10.2005 and in a all other respects remains unaltered. Sd/-
JUDGE In