PATALAPATI VENKATANARASAYYAMMA Vs. SUSARLA SUBBALAXMI

JUDGEMENT

(1.) THE appellant is the employer. The Commissioner for Workmen's Compensation, under Sections 3 and 4-A of the Workmen's Compensation Act, 1923 (Act VIII of 1923), for short 'the Act' directed the appellant to pay to the respondentwidow of the employee Narayana Rao, Rs. 7,000/- towards compensation and Rs. 3,115/- as interest at 6% per annum thereon from 22-2-1973 till the date of order. This appeal is directed against the said order.

(2.) IT is contended that the deceased Narayana Rao is not an employee but a casual worker on daily wages of Rs. 3/- and therefore he is not entitled to any compensation at all. Alternatively, it is pleaded that the direction to pay interest from the date of the death of the deceased is illegal. By operation of Section 10-A read with Section 4-A(3) of the Act, the liability to pay interest arises only on quantification of the compensation by the Commissioner and a month's notice of demand is to be given and if it is not paid, interest is to be levied thereafter. Therefore till that date the liability to pay interest does not arise.

(3.) THE more serious disputation centres round the dates on which the liability arises to pay compensation and interest for the default thereof. It is contended that on a conjoint reading of Sections 3, 4-A(3) and 10-A, it would be clear that the liability arises only after the quantification of the compensation and the failure to pay the same within one month from the date of notice given by the Commissioner and not until then. In support thereof, he relied upon K. Chandramma v. Hindustan Construction Company Ltd. 1971 Lab IC 135.