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1 - 10 of 12 (0.22 seconds)Section 30 in The Employee's Compensation Act, 1923 [Entire Act]
Section 3 in The Employee's Compensation Act, 1923 [Entire Act]
Section 4 in The Employee's Compensation Act, 1923 [Entire Act]
The Employee's Compensation Act, 1923
Section 2 in The Employee's Compensation Act, 1923 [Entire Act]
The New India Assurance Company Ltd vs Biju on 18 August, 2011
The reference is, therefore, answered affirming the
judgment in New Indian Assurance Co. Ltd. v. Biju [2011 (2)
KLT142] and overruling the judgment of the Division Bench in
M.F.A.(E.C.C.)No.23 of 2016
: 21 :
Manager, Madupetty Estate, Idukki v. Packialetchmy and
Others [2013 (3) KHC 24] and holding that in an appeal filed
by the employer under Section 30(1)(a) of the Employee's
Compensation Act, 1923, the memorandum of appeal shall be
accompanied by a certificate by the Commissioner to the effect
that the appellant has deposited with him the amount payable
namely, the lump sum compensation awarded, interest and
penalty, if any, under the order appealed against.
Pratap Narain Singh Deo vs Srinivas Sabata And Anr on 4 December, 1975
9. It is Sub Section 3 to Section 4A, which provides for the
levy of interest and penalty on an employer who has committed
default in paying the compensation on the due date. Though
the Act does not expressly specify the due date, in Pratap
Narain Singh Deo v. Shrinivas Sabata and another [AIR 1976
SC 222], interpreting the provisions of the Act, the Apex Court
has held that the compensation will be payable on the date of
accident and that interest will fall due and be payable if there is
default of payment of compensation within one month of date
of accident. Thus, statutory liability to pay interest and penalty
was fastened on the employer with the insertion of Section 4A
by Act 8 of 1959. Sub Section 3 of Section 4A as introduced by
1959 provided that where any employer is in default in paying
the compensation due under the Act within one month from
the date it fell due, the Commissioner may direct that, in
M.F.A.(E.C.C.)No.23 of 2016
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Section 5 in The Limitation Act, 1963 [Entire Act]
Ved Prakash Garg vs Premi Devi & Ors on 25 September, 1997
30. Interest is an integral and inseparable part
of compensation. Therefore, the express language
used in the third proviso leaves no room for any doubt
that "the amount payable under the order" will
include interest also. Kr.L.R.Ferro Alloys Ltd. v.
Mahavir Mahto & Another ((2002) 9 SCC 450), the
Apex Court has reiterated the earlier view taken in Ved
Prakash Garg v. Premi Devi & Ors. ((1997) 8 SCC 1) the
interest and penalty are two distinct liabilities arising
under the Act. Liability to pay interest is part and
parcel of legal liability to pay compensation upon
default of payment within one month.