Jashoda Kumari Pradhan & Anr. vs The Divisional Manager, The United India Insurance Company Ltd. & Anr.

NON-REPORTABLE 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 Commissioner-cum-Commissioner

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 Signature Not Verified Digitally signed by Sarita Purohit Date: 2016.01.29 Court and the High Court allowed the appeal filed by 16:12:22 IST Reason:

claimants deleting the provisions with regard to payment

of interest.

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 non-payment of interest and restore

the Award dated 18th October, 2014, directing the

respondent to pay interest, as awarded by the Assistant

Labour Commissioner-cum-Commissioner. The amount shall be

paid by the respondent-Insurance Company to the appellants

within eight weeks from the date of receipt of this order.

6. If the respondent-Insurance 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.

ITEM NO.21 COURT NO.2 SECTION XV

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition for Special Leave to Appeal (C)No.2266/2016 @ SLP.......CC No.910/2016

(Arising out of impugned final judgment and order dated 09/04/2015 in FAO No.4/2015 passed by the High Court of Orissa at Cuttack)

JASHODA KUMARI PRADHAN AND ANR. Petitioner(s)

VERSUS

THE DIVISIONAL MANAGER, THE UNITED INDIA INSURANCE COMPANY LTD. & ANR. Respondent(s) (With appln. for c/delay in filing SLP and c/delay in refiling SLP)

Date : 22/01/2016 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE ADARSH KUMAR GOEL

For Petitioner(s) Mr. Sanjay Kumar Dubey,Adv.

Ms. Shuchi Singh,Adv.

Mr. Jitendra Kr. Tripathi,Adv. Mr. Anshuman Nayak,Adv.

Mr. Harish Pandey,Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

Delay condoned.

Leave granted.

The appeal is disposed of as allowed with no order as to costs in terms of signed Non-reportable judgment.

(Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant Registrar

(Signed Non-reportable judgment is placed on the file)