MESSRS REWA COALILES LTD THROUGH AGENT BURHAR AND AMLAI COLLIERIES BURHAR DISTRICT SHAHDOL Vs. CHAINOO

JUDGEMENT

(1.) THIS is an appeal by an employer under section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') on a short point that it raises, viz., whether the respondent workman Chainoo was entitled to interest at the rate of 6% per annum from the date of accident till the date of payment under section 4-A of the Act.

(2.) FACTS necessary for our purpose may shortly be stated as follows: The respondent Chainoo was a workman, whose monthly wages were estimated at Rs. 95.07 p., working in the Burhar and Amlai collieries owned by the appellant Messrs. Rewa Coalfields Ltd. On 16th May 1962, injuries were caused to the respondent workman by accident arising out and in the course of his employment while he was working in the aforesaid collieries. There was an injury to the dorso lumbar vertebrae. Between the period 4-6-1962 to 16-11-1962 the respondent workman was paid about Rs. 299.99 p. as compensation in half monthly instalments There- after, there were negotiations for a settlement whereunder on 19-1-1963 the appellant employer paid Rs. 750.01 p. in full settlement of all and every claim of the respondent workman under the Act in respect of the accident in question. On 8-1-1963 the appellant employer sent a memorandum of the agreement to the Commissioner, Workmen's Compensation (appointed under section 20 of the Act), Jabalpur, for registration of the agreement under section 28 of the Act. The Commissioner by an order dated 6-7-1965 held that the sum settled by the agreement was inadequate and that consequently the agreement could not be registered. He further held that the workman-respondent Chainoo was entitled to Rs. 4,200 as compensation and deducting therefrom Rs. 1,050, which the workman-respondent had already received, he was further entitled to Rs. 3,150 with interest at 6% from the date of accident to the date of payment.

(3.) UNDER section 4-A of the Act,-