Appeal against lower compensation order allowed partly. Court directed insurance company to pay 12% interest on compensation from accident date to date of deposit, ruling claimant not entitled to interest beyond deposit date.
Direction to deposit interest at 12% p.a. from accident date to date of deposit.
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 FOR THE STA.TE OF TELANGANA AT HYDERABAD
TUESDAY, THE TWENTY SECOND DAY OF MARCH TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE JUSTICE P.SREE SUDHA
C.M.A. NO: 807 OF 2010
Appeal under Section 30 of Workmen's Compensation Act, against the Order in W.C.No.170 ot 2OO4 dated 03/03/2010 on lhe file of the Commissioner for Workmen's Compensation and Deputy Commissioner of Labour, Nizamabad.
Between:
Jeripothula Papaiah, S/o. Papaiah (died per LR) Smt. Jeripothula Prema Wo.Jeripthiula Papaiah, aged 37 years, Occ: Nil, FVo.Kanteshwar, Nizamabad. (vide Court Order dated 24logllj in CMAMP No.1963/ 1 0)
...APPELLANT/ CLAIMANT
AND
(Appeal against R1 is dismissed vide Court Order dated 19104116)
For the Appellant : SRI K.M.MAHENDER REDDY, Advocate
For the Respondents :
The Court delivered the following : JUDGMENT
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TII t HON'BLE JUSTICE P. SREII Si(Il)l IA
CI 'II, IISCELLANEOUS APPEAL NO.AO'/ OF 2 ] ] O
ORDER:
Challenl ling the order dt.O3.O3.20l0 pass.e<I in W.C. No.170 of 2004 by the Commissioner fcr V/orkmen's Compensatiol and Deputy Commissioner ol' Labour, Nizamabad,;' eeking enhancement of the competrsation, this Civil Miscellar eous Appeal is hled by the claimant.
2 PSS,J CMA No.8O7 of 2O 1O
Government Hospital, Sangareddy. Later, he was referred to Hyderabad. The applicant/appellant filed the application for grant of compensation of Rs.5,00,000/-.
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PSS,J -) cMA N(:.8(17 0f 20I0
it
7 A perus rl of the order passed by t hr.' Deputy
Commissioner,: f Labour shows that l"t respontlenl. is the owner of the vr hicle and in his counter, the 1"t rr:spondent admitted the r mplo5rment of the applicant/ appe llalt and further stated rhat he was paying salary of Rs.'1,,)O0/-per month and a-ls,: admitted that accident occurred t.Lur ing the course of empl,ryment on 8.4.2OO4. The salary r:r:r'tificate is filed under Ex. \€r. The Deputy Commissioner otsr:nzr:d that applicant/appel ant claimed the wages @ Rs.[i,t.)OC/- per month, but th, ' 2"d respondent disputed the s;rr:re as the applicant/appel ant could not come up with cogenl t:vidence in support of his e 'idence as he failed to examinr: the cr;vne'r of the vehicle. In the rbsence of evidence regarding thr: irrc ome of the applicant/ appel lant, the Assistant has rightly -aken the minimum wage,, and it needs no interference.
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4 PSS,J CMA No.8O7 of 2O 1O
INSUBANCE COMPAIIYI, the applicant/appellant is entitled for interest @ L2o/o per annum from the date of accident to the date of realisation. In this case, the amount was already deposited by the Insurance Company and thus, the applicant is entitled to interest @ l2o/o per annum from the date of accident till the date of such deposit. The Insurance Company is directed to deposit the interest within a period of one month from the date of receipt of copy of this order, and on such deposit, the applicant/appellant is entitled to withdraw the sarne.
'2014 (2\SCC 298
Sd/-B.S.CHIRANJEEVI JOINT REGISTRAR //TRUE COPY' <iD SECTION OFFICER
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ORDER
CMA.No.807 ol 2010
PARTLY ALLOI^/ING TIIE APPEAL WITHOUT COSTS. CI{'q @ffi"
2 issues framed by the court
Whether the appellate court can enhance compensation and grant interest where Deputy Commissioner erred by applying minimum wages instead of claimed wages.
Whether interest at 12% per annum is payable under the decision in Saberabibi Ya Kubhbai Shaikh Vs The National Insurance Company Ltd.
Colour shows how this judgement treated each authority
SABERABIBI YA KUBBHAI SHAIKH vs THE NATIONAL INSURANCE COMPANY LTDRelied on¶40
SABERABIBI YA KUBBHAI SHAIKH V THE NATIONAL INSURANCE COMPANY LTD [2014 (2) SCC 298] · Who else cites this
1 provisions across 1 enactments
Jeripothula Papaiah
Syed Madar
The National Insurance Company Limited
P. Sree Sudha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
