JASHODA KUMARI PRADHAN Vs THE DIVISIONAL MANAGER, THE UNITED INDIA INSURANCE COMPANY LTD.
Bench: ANIL R. DAVE,ADARSH KUMAR GOEL
Case number: C.A. No.-000514-000514 / 2016
Diary number: 26071 / 2015
Advocates: HARISH PANDEY Vs
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NONREPORTABLE IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.514 OF 2016 (Arising out of SLP(C)No.2266/2015 @ SLP..CC 910/2016)
JASHODA KUMARI PRADHAN & ANR. ... APPELLANT(S)
VS.
THE DIVISIONAL MANAGER, THE UNITED INDIA INSURANCE COMPANY LTD. & ANR. . ... RESPONDENT(S)
J U D G M E N T
ANIL R. DAVE, J.
1. Leave granted.
2. Heard the learned counsel.
3. The issue involved in the appeal is with regard to
payment of interest, to the legal heirs of the deceased,
under the provisions of Workmen Compensation Act, 1923.
4. The Assistant Labour CommissionercumCommissioner
for Workmen's Compensation, Odisha, Bhubaneswar, in W.C.
Case No.122/2009 dated 18th October, 2014, had awarded a
sum of Rs.3,06,180/ (Rupees Three Lakhs Six Thousand One
Hundred Eighty only) by way of compensation to the heirs
of a deceased workman along with interest thereon @12% per
annum. The said Award was challenged before the High
Court and the High Court allowed the appeal filed by
claimants deleting the provisions with regard to payment
of interest.
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5. We fail to see the reason for which the High Court
denied payment of interest to the legal heirs. Therefore,
we set aside the impugned judgment passed by the High
Court with regard to nonpayment of interest and restore
the Award dated 18th October, 2014, directing the
respondent to pay interest, as awarded by the Assistant
Labour CommissionercumCommissioner. The amount shall be
paid by the respondentInsurance Company to the appellants
within eight weeks from the date of receipt of this order.
6. If the respondentInsurance Company is aggrieved by
this order, it would be open to file an application so
that the matter can be reconsidered.
7. Intimation of this order be forwarded to the
respondents.
8. With the above directions, the appeal is disposed of
as allowed with no order as to costs. Pending
application, if any, stands disposed of.
..............J.
[ANIL R. DAVE]
..............J. [ADARSH KUMAR GOEL]
New Delhi; 22nd January, 2016.