R.SHANKAR Vs. A.PATTABIRAMAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed at the instance of the claimant and directed against the order dated 7.1.2003 made in WC.No.179/2001 by the learned Commissioner for Workmen's compensation-I, Chennai, whereby a sum of Rs.2,03,318/- was awarded as compensation with a direction to the 2nd Respondent Insurance Company to pay the said amount within a period of 30 days from the date of receipt of a copy of the award, in default, the award amount would carry simple interest at 12 per cent p.a. from the date of the claim petition i.e. 4.6.2001 till the date of realization.

(2.) The only point taken by Mr.A.Shanmugaraj, the learned counsel for the Appellant is that in view of the provisions contained in Section 4(A)(3) of the Workmen's Compensation Act, it was the duty of the Commissioner to award interest at the rate of 12 per cent p.a. from the expiry of one month from the date of the accident till the actual deposit of the amount irrespective of the fact whether there was default on the part of the Insurance Company in making payment of the awarded sum within the time stipulated.

(3.) The learned counsel for the Appellant drew the attention of this court to the decision of the Division Bench of this court reported in (N.Ganesan Vs. Thilagavathi and others,2012 2 TNMAC 80) wherein it has been held that the word 'falls due' occurring under Section 4A of the Workmen's Compensation Act, 1923 in the light of the ratio laid down in the Larger Bench decision of the Honourable Supreme Court of India reported in Pratap Narain Singh Deo Vs. Srinivas Sabata and another, 1976 1 SCC 289) and Kerala State Electricity Board Vs. Valsala, 2000 ACJ 5) means that interest for compensation amount would accrue 30 days after the date of the accident and not from the date of quantification/ orders passed by the Commissioner for Workmen's Compensation.