CMA allowed setting aside confusion on interest calculation direction in W.C. No.106 of 2013. Court held compensation due on accident date, interest at 12% from that date.
Award set aside regarding interest dates; Interest quantified at 12% from 06.10.2013 onwards.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.M.A(MD)No.55 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2023 CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR C.M.A(MD)No.55 of 2018
S.Palaniammal
... Appellant/Petitioner
Vs.
1.S.Murugesan
2.The Branch Manager, National Insurance Company Ltd., 63, Rasi Plaza, West Pradhakshanam Road, Karur-639 002. ... Respondents/Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Order Section 30 of the Workmen Compensation Act, to modify the order passed by the Deputy Commissioner of labour, Dindigul made in W.C.No.106 of 2013, dated 14.12.2015 by allowing the civil miscellaneous appeal.
For Appellant : Mr.N.Sudhagar Nagaraj For R2 : Mr.D.Sivaraman For R1 : No Appearance
JUDGEMENT
The present appeal has been filed by the claimant challenging an award passed in W.C.No.106 of 2013 on the file of Deputy Commissioner of labour, Dindigul. The appeal has been filed primarily challenging the reckoning of interest from the date of passing of the award by the tribunal.
judgment reported in 2014 (2) SCC 298 (Saberabibi Yakubbhai Shaikh & Others Vs. National Insurance Company Limited & Others) has https://www.mhc.tn.gov.in/judis
1/3
C.M.A(MD)No.55 of 2018
specifically held that the amount becomes due on the date of accident and not from the date of the award passed by the tribunal.
Sd/-
Assistant Registrar (RTI)
(*)Corrected as per the order of this Court dated 20.04.2023 made in CMA(MD)No.55 of 2018.
// True Copy //
/05/2023 Sub Assistant Registrar(CS)
gbg
2/3
C.M.A(MD)No.55 of 2018
To
1.The Deputy Commissioner of labour, Dindigul.
2.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai. (2 COPIES)
+1 CC to M/s.D.SIVARAMAN, Advocate ( SR-16525[F] dated 21/03/2023 ) +1 CC to M/s.N.SUDHAGAR NAGARAJ, Advocate ( SR-16508[F] dated 21/03/2023 )
C.M.A(MD)No.55 of 2018
20.03.2023
RD (19/05/2023) 3P 6C
3/3
3 issues framed by the court
Whether interest on workmen's compensation is reckoned from the date of the award or from the date of accident.
Whether the Deputy Commissioner of Labour correctly directed interest calculation from 30 days after the receipt of the award copy.
Whether compensation under the Workmen's Compensation Act becomes due on the date of accident.
Colour shows how this judgement treated each authority
Saberabibi Yakubbhai Shaikh & Others Vs. National Insurance Company Limited & OthersRelied on¶15
2014 (2) SCC 298 (Saberabibi Yakubbhai Shaikh & Others Vs. National Insurance Company Limited & Others) · Who else cites this
3 provisions across 2 enactments
S. Palaniammal
S. Murugesan
National Insurance Company Ltd.
R. Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
R. Vijayakumar
Parties & counsel
