Dismissed

Oriental Insurance Co., Ltd., v. Rajanna S/O Dodda Boraiah

Karnataka HC11 Mar 2015MFA/4787/2010

Case brief

AI extract

What is this about?

This Miscellaneous First Appeal challenges the Commissioner's award of 3,34,065 with interest at 12% p.a. from a month post-accident under the Workmen's Compensation Act. The Court followed the Supreme Court precedent holding damages due from injury date and dismissed the appeal.

What did the court decide?

Interest from one month after accident is sustained; appeal dismissed.; Respondents permitted to withdraw deposited amount.

Oriental Insurance Co., Ltd., Vs Rajanna… — Civil Procedure and Limitation | Karnataka HC (2015)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 11^TH DAY OF MARCH, 2015

¶4

BEFORE:

¶5

THE HON'BLE MR. JUSTICE H.BILLAPPA

¶6

Miscellaneous First Appeal No.4787/2010 [WC]

¶7

BETWEEN:

¶8

Oriental Insurance Co. Ltd., Branch Office, T.G.M.C.Building, J.C.Road, Tumakuru Town, Now by its Regional Office, Leo Complex, Residency Road Cross, Bengaluru – 560 025. Rep. by its Deputy Manager Mrs.Sudha Ganesh.

¶9

...APPELLANT

¶10

(By M.Arun Ponappa, Adv.,)

¶11

AND:

¶12

Rajanna, S/o.Dodda Boraiah, Aged about 61 years.

¶13

Tippakka, D/o.Rajanna, Aged about 25 years.

¶14

R.Yellakka, S/o.Rajanna, Aged about 24 years.

¶15

R.Sharadamma,

¶16

¶17

D/o.Rajanna, Aged about 23 years.

¶18

R1 to R4 are R/a. Valmiki Nagar, Tumakuru Town.

¶19

Kumar, S/o.Revanna, Major, Hullalu Upanagara, Bengaluru North. …RESPONDENTS

¶20

(By Sri.R.M.Ramakrishna, Adv., for Sai Assts., Adv., for R1-R5)

¶21

¶22

This M.F.A. filed u/s 30(1) of W.C. Act against the judgment dated 26.2.2010 passed in W.C. No.27/2008 on the file of the Labour Officer and Commissioner for Workmen Compensation, Tumakuru District, Tumakuru, awarding a compensation of `.3,34,065/- with interest @ 12% p.a. and etc.

¶23

This appeal coming on for Admission, this day, the court delivered the following:-

¶24

J U D G M E N T

¶25

This appeal by the appellant-Insurance Company is directed against the Order and Award dated 26.2.2010 passed by the Commissioner for Workmen’s Compensation, Tumakuru, in WC No.27/2008.

¶26

¶27

By the impugned Order and Award, the Commissioner for Workmen’s Compensation, Tumakuru, has awarded compensation of `.3,34,065/- with interest at 12% per annum from 21.9.2007. The appellant-Insurance Company has been directed to pay the amount.

¶28

Aggrieved by that, the appellant-Insurance company has filed this appeal.

¶29

The learned Counsel for the appellant-Insurance company contended that the award of interest at 12% per annum from one month after the date of accident is contrary to law. Therefore, it cannot be sustained in law.

¶30

The learned Counsel for respondents 1 to 4 placing reliance on the decision of the Hon’ble Supreme Court reported in AIR 2012 SC 3144 submitted that the Commissioner has rightly awarded interest from one month after the date of accident and therefore, it does not call for interference.

¶31

I have carefully considered the submissions made by learned Counsel for the parties.

¶32

¶33

The matter is covered by the decision of the Hon’ble Supreme Court reported in AIR 2012 S.C.3144. The Hon’ble Supreme Court in ‘ORIENTAL INSURANCE COMPANY LTD., v. SIBY GEORGE AND OTHERS’ reported in AIR 2012 SC 3144 has held that the amount becomes due from the date of personal injuries caused to the workman and not from the date of the Commissioner’s order. In the present case, the Commissioner has ordered to pay interest from 21.9.2007 i.e., one month after the date of the accident. It is perfectly justified in law. Therefore, the impugned order and award does not call for interference.

¶34

Accordingly, the appeal is dismissed. The respondents 1 to 4 are permitted to withdraw the amount deposited by the appellant in this appeal.

¶35

Sd/JUDGE

¶36

AN/-

Oriental Insurance Co., Ltd., v. Rajanna S/O Dodda Boraiah

Case brief

What is this about?

What did the court decide?

Oriental Insurance Co., Ltd., v. Rajanna S/O Dodda Boraiah

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

The Oriental Insurance Co. Ltd. Vs Susheelabai

V Segaran Vs a Jayasheela

M/S United India Insurance Company Ltd., Vs Laxmanappa S/O Ramappa

M/S.Oriental Insurance Company Ltd. Vs Babu Naik S/O Late Sankaiah Naik

K L Subba Setty Vs the State of Karnataka

Manipal Helath Enterprises Private Limited Vs Nil