GHULAM MOHD Vs. DIVISIONAL MANAGER, SFC DODA
LAWS(J&K)-2020-3-30
HIGH COURT OF JAMMU AND KASHMIR
Decided on March 12,2020

GHULAM MOHD Appellant
VERSUS
Divisional Manager, Sfc Doda Respondents


Referred Judgements :-

UNITED INDIA INSURANCE CO. LTD. V. ALAVI [REFERRED TO]
ORIENTAL INSURANCE CO. LTD. V. SIBY GEORGE [REFERRED TO]
SABERABIBI YAKUBBHAI SHAIKH AND OTHERS V. NATIONAL INSURANCE CO. LTD. AND OTHERS [REFERRED TO]


JUDGEMENT

Sanjeev Kumar,J. - (1.)Appellant in this appeal is aggrieved of and has challenged the award dated 14.06.2010 passed by the Commissioner Workmen's Compensation Act (Assistant Labour Commissioner) Doda to the extent, it denies interest on the awarded amount from the date of accident. From the perusal of the award impugned, it clearly transpires that the appellant has been held entitled to compensation to the tune of Rs. 69, 616/- without any interest.
(2.)The Commissioner has, however, provided that, in case the payment of the compensation is not made by the respondents within 30 days of the announcement of the award, then the appellant would be entitled to simple interest @ 12% per annum from the date of announcement of the award till the compensation amount was deposited/paid. It is this part of the award, the appellant is aggrieved of.
(3.)Mr. M.P Gupta, learned counsel for the appellant, referring to provisions of Section 4 (A) of the Employee's Compensation Act, 1923 (hereinafter „The Act of 1923 for short) submits that in case the compensation amount has not been paid within 30 days from the date it is due, it will attract interest @ 12%. Relying upon the judgment of the Supreme Court in the case of Saberabibi Yakubbhai Shaikh and others V. National Insurance Co. Ltd. and others, 2014 ACJ 467, learned counsel for the appellant submits that it is trite law that interest on the compensation payable under the Act of 1923, in terms of Section 4-A (3) (a) is required to be paid from the date of accident and not from the date of award.
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