AJAYA KUMAR DAS & ANR versus DIVISIONAL MANAGER & ANR

AJAYA KUMAR DAS & ANR versus DIVISIONAL MANAGER & ANR

The High Court, having dismissed the insurer's appeal as barred by limitation, had no occasion to interfere on merits with the award of interest under Section 4A; interest on the compensation is payable from the date of the accident and the deletion of the order for payment of interest was set aside and the Commissioner’s order restoring interest with the award of compensation was reinstated; appellants awarded costs of Rs 50,000.

Parties
Appellant: AJAYA KUMAR DAS & ANR; Respondent: DIVISIONAL MANAGER & ANR
Jurisdiction
India
Judgment Date
24 January 2022
Procedural Posture
Civil Appeal No. 447 of 2022 / Judgment on Appeal by the Supreme Court
Outcome
Appeal allowed
Legal Topics
Interest on Compensation, Appeal Limitation, Costs
Workmen's Compensation Act, 1923 Limitation Interest on Compensation Appeal Limitation Costs

Case Brief

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Parties

AJAYA KUMAR DAS & ANR

Appellant

DIVISIONAL MANAGER & ANR

Respondent

Procedural Posture

Civil Appeal No. 447 of 2022 / Judgment on Appeal by the Supreme Court

Legal Issues

  1. 1 Whether the High Court could interfere on merits with the award of interest after dismissing the insurer's appeal as barred by limitation
  2. 2 Whether interest under Section 4A of the Workmen's Compensation Act, 1923 is payable from the date of the accident
  3. 3 Whether costs should be awarded against the insurer for causing unnecessary litigation

Ratio Decidendi

The High Court, having dismissed the insurer's appeal as barred by limitation, had no occasion to interfere on merits with the award of interest under Section 4A; interest on the compensation is payable from the date of the accident and the deletion of the order for payment of interest was set aside and the Commissioner’s order restoring interest with the award of compensation was reinstated; appellants awarded costs of Rs 50,000.

Court Disposition

Appeal allowed

Orders

  • The direction of the High Court dated 11 April 2018 deleting the payment of interest is set aside
  • The order for payment of interest issued by the Additional Labour Commissioner-cum-Commissioner, Workmen Compensation together with the award of compensation is restored