In an appeal under Section 30 of the Workmen Compensation Act, 1923, the Court held that interest at 6% per annum was correct as the accident predated the 1995 amendment, but modified the award to grant Rs. 2,500 towards funeral expenses.
Award of funeral expenses Rs. 2,500 with interest at 6% per annum from the date of accident.
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.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. CIVIL MISC. APPEAL No.148/1997 Smt. Galiben & Ors. V/s. Shabir & Anr.
Date of Judgment
:::
16.01.2015
PRESENT
HON'BLE MR. JUSTICE P.K. LOHRA
Mr. V.N. Kalla, for the appellants. Mr. Sanjeev Johari, for the respondents.
Appellants-claimants have filed this appeal under Section 30 of the Workmen Compensation Act, 1923 (in short, 'Act of 1923') seeking enhancement of the amount of compensation awarded by the learned Workman Compensation Commissioner, Banswara with penalty and interest. Learned Commissioner on adjudication of the claim of the appellants-claimants under Section 10 read with Section 22 of the Act of 1923 quantified total amount of compensation to the tune of Rs.78,824/- with 50% penalty of the said amount and interest @ 6% per annum on the amount of compensation from the date of accident.
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Learned counsel for the appellants has urged that interest awarded by the learned Commissioner is inadequate and in the facts and circumstances of the case intereset ought to have been awarded @ 12% per annum. Learned counsel for the appellants further contends that learned Commissioner has not awarded any amount against funeral expenses for which there is a statutory provision under sub-section (3) of Section 4A of the Act of 1923. In support of his contention, learned counsel has placed reliance on a verdict of this Court i.e. Saberabibi Yakubbhai Shaikh & Ors. V/s. National Insurance Co. Ltd. & Ors. [2014 DNJ (SC) 62].
Per contra, Mr. Johari would contend that under the Act of 1923 before amendment Act of 30 of 1995, which came into effect from 15th September, 1995, the rate of interest was 6% per annum only, and therefore, the appellants are not entitled for interest on the compensation amount @ 12% per annum. On the issue of funeral expenses, Mr. Johari submits that the same can be awarded in terms of statutory provision.
I have heard learned counsel for the parties and perused the impugned award.
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Well, it is true that Act of 1923 is a welfare legislation and, while deciding the claim, the Commissioner is expected to show benevolance so as to interpret it to farther the interest of justice. It goes without saying that Act of 1923 is a piece of social security and welfare legislation and its dominant purpose is to protect the workman and, therefore, the provisions of the Act should not be interpreted too narrowly. However, considering the relief for grant of interest, the statutory provisions contained under the Act of 1923 cannot be given go-bye and the Commissioner is expected to award interest in terms of statutory provisions. In the instant case, admittedly, on the date of accident, which was anterior to 15th September, 1995 in terms of sub-section (3) of Section 4A, the rate of interest was envisaged as 6% per annum and that interest has been awarded to the appellantsclaimants by the learned Commissioner from the date of accident. Therefore, on this count, I am not persuaded to interfere with the impugned order, as there is no infirmity much less legal infirmity in the impugned order, in this regard.
As regards funeral expenses taking into account the statutory provisions wherein Rs.2,500/- is prescribed as
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funeral expenses, the impugned order is modified to that extent and the appellants-claimants are declared entitled for funeral expenses to the tune of Rs.2,500/- only with interest @ 6% per annum from the date of accident.
The appeal is, accordingly, allowed in part as indicated above. The requisite amount be paid with interest to the appellants by the respondent-insurer within a period of one month from the date of receipt of certified coy of this order.
(P.K. LOHRA), J.
a.asopa/-
2 issues framed by the court
Whether the appellants are entitled to interest on compensation at 12% per annum instead of 6% per annum.
Whether funeral expenses are payable under the applicable statutory provisions.
Colour shows how this judgement treated each authority
Saberabibi Yakubbhai Shaikh & Ors. V/s. National Insurance Co. Ltd. & Ors.Referred¶12
Saberabibi Yakubbhai Shaikh & Ors. V/s. National Insurance Co. Ltd. & Ors. [2014 DNJ (SC) 62]
3 provisions across 1 enactments
Smt. Galiben & Ors.
Shabir & Anr.
P.K. LOHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
