THE ORIENTAL INSURANCE CO. LTD. versus SIBY GEORGE & ORS.

THE ORIENTAL INSURANCE CO. LTD. versus SIBY GEORGE & ORS.

The relevant date for liability to pay compensation and interest under the Workman's Compensation Act, 1923 is the date of accident, not the date of adjudication or filing of the claim; compensation becomes payable as soon as injury is caused, and interest is levied on default regardless of reasons for delay.

Parties
Appellant: The Oriental Insurance Co. Ltd.; Respondents: Siby George & Ors.
Jurisdiction
India
Judgment Date
31 July 2012
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Workmen's Compensation, Liability for Compensation, Interest on Delayed Payment
Labour Law Insurance Law Workmen's Compensation Liability for Compensation Interest on Delayed Payment

Case Brief

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Parties

The Oriental Insurance Co. Ltd.

Appellant

Siby George & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 What is the relevant date for liability to pay compensation and interest under the Workman's Compensation Act, 1923?
  2. 2 Is interest payable from the date of accident or from the date of adjudication/order/filing of the claim?

Ratio Decidendi

The relevant date for liability to pay compensation and interest under the Workman's Compensation Act, 1923 is the date of accident, not the date of adjudication or filing of the claim; compensation becomes payable as soon as injury is caused, and interest is levied on default regardless of reasons for delay.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs amounting to Rs.20,000/- payable to the respondents within six weeks