LEELA AND ORS. Vs. RAJAN AND ORS.

JUDGEMENT

(1.) THE petitioners in this Review Petition are respondents 1 to 3 in M.F.A. (WCC) No. 117 of 2012. The said appeal filed by the first respondent herein arises out of the order passed by the Court of the Commissioner for Workmen's Compensation, Thiruvananthapuram, in W.C.C. No. 43 of 2001, an application filed by the petitioners herein, under section 22(2) of the Workmen's Compensation Act, 1923, read with Rule 20 of the Workmen's Compensation Rules, 1958, claiming a lumpsum payment of Rs. 2,50,000/ - from respondents 1 and 2 herein, under section 4 of the said Act.

(2.) THE Commissioner for Workmen's Compensation by order dated 14.2.2012 allowed the application holding that the petitioners are entitled to get Rs. 3,50,000/ - towards workmen's compensation for the death of the said Rajesh in the accident arising out of and in the course of his employment. The first respondent herein was directed to pay the compensation amount to the petitioners with simple interest at 12% per annum from the date of death, i.e., 9.11.1999, to the date of payment, within 30 days from the date of receipt of the order.

(3.) REGARDING payment of interest, this Court observed that though the accident occurred on 6.11.1999, the petitioners approached the Commissioner for Workmen's Compensation only on 15.6.2001 and the said application was disposed of by the Commissioner only on 14.2.2012 and consequently, the matter was pending consideration before the Commissioner for more than 10 years. Relying on section 25A of the Act, which was inserted by Act 45 of 2009 to the effect that the Commissioner shall dispose of the matter relating to compensation under the Act within a period of three months from the date of reference and intimate the decision in respect thereof within the said period to the employee and having regard to the fact that the matter was kept pending before the Commissioner for Workmen's Compensation for a considerably long period, this Court directed the first respondent to pay the compensation amount with simple interest at the rate of 12% per annum from 6.12.1999 (after 30 days of the accident) till 5.12.2003 and thereafter at the rate of 7.5% till the date of deposit, that is till 6.9.2012. The Commissioner was directed to release the compensation amount due to the petitioners within a period of one month from the date of receipt of a copy of the judgment. It was made clear that, if the amount in deposit is higher than the amount due, the Commissioner shall release the balance amount to the first respondent, without any delay.