ORIENTAL INSURANCE CO LTD Vs. NINGACHARI

JUDGEMENT

(1.) AN accident took place at the work spot and the claimants in these proceedings suffered certain injuries. They moved the Workmen's Compensation Commissioner, seeking compensation. An award of compensation was made by the Commissioner in each case wherein while awarding interest at 12 per cent from the date of accident, the insurance company was made liable to pay the same. The insurance company has come up in appeal, challenging the order in so far as it makes it liable to pay interest from the date of the accident.

(2.) THE only point urged by the insurance company is that the fastening of the liability to pay the interest is illegal, in that it can arise only 30 days after the quantification of the compensation by the Commissioner and that from 30 days after sustaining the injury and till quantification of the quantum, the liability to pay the interest is on the employer. This is the only point urged in these appeals.

(3.) I have heard Mr. S. P. Shankar, the learned counsel for the appellant insurance company as also Mr. D. Nagaraj, learned counsel for respondent workman in both the appeals. The question raised mainly revolves on the meaning to be ascribed to the expression 'fell due' occurring in section 4-A (3) of the Act. The statute does not define the expression and we have to gather its meaning by looking at the words occurring in the provision of law. We are at present concerned with section 4-A (3)and (3a) in this behalf. These sections have been amendment and sub-section (3a) was added in 1995. The statute as it was earlier is as follows: