M/S. United India Insurance Company vs Sunilkumar S/O. Sreenivasan on 4 November, 2009

[Cites 0, Cited by 3]

Kerala High Court

M/S. United India Insurance Company vs Sunilkumar S/O. Sreenivasan on 4 November, 2009

Bench: M.N.Krishnan

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA.No. 77 of 2009()


1. M/S. UNITED INDIA INSURANCE COMPANY
                      ...  Petitioner

                        Vs



1. SUNILKUMAR S/O. SREENIVASAN,
                       ...       Respondent

2. P.K.SATHYAPAL S/O. MADHAVAN,

                For Petitioner  :SRI.RAJAN P.KALIYATH

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :04/11/2009

 O R D E R
                     M.N. KRISHNAN, J.
              = = = = = = = = = = = = = =
                  M.F.A. NO. 77 OF 2009
             = = = = = = = = = = = = = = =
       Dated this the 4th day of November, 2009.

                      J U D G M E N T

This appeal is preferred against the award of the Workmen's Compensation Commissioner, Kozhikode in W.C.86/02. The accident took place on 23.6.97 and the Compensation Commissioner has awarded Rs.24,714/- with interest at the rate of 12% from the date of accident. It is submitted by the learned counsel for the appellant that though the accident had taken place on 23.6.2007 (23.12.1997) the petition was filed only in the year 2002. Therefore it may not be proper to award interest from the date of accident. Ordinarily a prudent man is expected to approach the Court of law within a stipulated time unless there are warranting circumstances which precludes that man from filing the application in time. Here the injury sustained are not of a very serious nature which prevented the applicant from approaching the Court in time. Just because the delay is condoned and the petition is entertained M.F.A. 77 OF 2009 -:2:- that does not ipso facto indicate that all is well with the case of the applicant. For the laches on his part in approaching the Court he has to be penalized by not awarding interest for that time. Therefore I modify the award passed by the Compensation Commissioner and hold that the applicant is entitled to interest only from the date of petition for the reason that there has been inordinate delay in filing the application for receiving compensation.

MFA is disposed of accordingly.

M.N. KRISHNAN, JUDGE.

ul/-

Unlock Advanced Research with PRISMAI

Kerala High Court