Allowed

Sk. Fathima Bee v. The General Manager

Telangana HC19 Sept 2014CMA/206/2005

Case brief

AI extract

What is this about?

appellate dismissed the claim for interest from the date of the accident in a compensation case for death of an employee under the Act. The court held that interest is not justified for the period between the limitation expiry and filing of the claim petition.

What did the court decide?

Interest denied from 1997 to 2001; appellant entitled to interest from 1995 to 1997 and from 2001 till the date of the award.

Sk. Fathima Bee Vs The General Manager — Pension and Retirement Benefits | Telangana HC (2014)

¶1

THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY

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Civil Miscellaneous Appeal No.206 of 2005

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Dated 1 9 th September, 2014

Between:

Sk.Fathima Bee

…Appellant

And

The General Manager, Southern Railway, Chennai

¶9

…Respondent

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Counsel for the appellant: Sri P.Madhu Sudana Reddy

¶11

Counsel for the respondent: Ms.G.Niveditha

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for Sri T.S.Venkata Ramana

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The Court made the following:

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JUDGMENT:

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This civil miscellaneous appeal arises out of order, dated 16.12.2004, in W.C.No.7 of 2003, on the file of the learned Commissioner for Workmen’s Compensation & Assistant Commissioner of Labour, Nellore (for short ‘the Commissioner’).

¶16

By the above-mentioned order, the Commissioner has awarded compensation of Rs.1,50,470/- in all for the death of one Sk.Kamal Saheb in the course of his employment. While doing so, the Commissioner has not awarded interest from the date of claim petition till the date of order. Feeling aggrieved by non-award of interest, the claimant before the Commissioner has filed this appeal.

¶17

Under Section 4A(3) of the Employee’s Compensation Act, 1923 (for short ‘the Act’) where any employer is due under the Act and he fails to pay the same, within one month from the date it fell due, the Commissioner shall direct the employer to pay simple interest thereon

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at the rate of 12% or at such higher rate not exceeding the maximum of the lending rates of any scheduled bank as may be specified by the Central Government by notification, on the amount due. The Commissioner has not assigned any reason for denying interest to the appellant.

¶19

Ms.G.Niveditha, learned counsel, representing Sri T.Venkata Ramana, learned counsel for the respondent, submitted that though the accident occurred in 1995, the appellant has filed the claim petition in the year 2001 and that therefore the respondent may not be saddled with the liability of interest.

¶20

Under the Act, limitation for filing claim petition for compensation is two years from the date of the accident. The appellant ought to have filed the claim petition in the year 1997. Instead, she has filed the claim petition in the year 2001. Therefore, I am of the opinion that there is no justification to award interest for the period 1997 to 2001. Accordingly, interest is denied for a period of four years from the date of the accident till the date of filing of claim petition. This means, the appellant is entitled to interest from 1995 to 1997 and from 2001 till the date of passing of the award.

¶21

The appeal is accordingly allowed to the extent indicated above.

¶22

C.V.NAGARJUNA REDDY, J 19^th September, 2014 VGB

Sk. Fathima Bee v. The General Manager

Case brief

What is this about?

What did the court decide?

Sk. Fathima Bee v. The General Manager

Case brief

What is this about?

What did the court decide?

What the court decided

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