c.M.A. NO: 517 0F 2011 Appear under section 30(a) of workmen's compensation Act, against the order in w.c.No.BO of 2oo2 dated 01/03i2011 on the fire of the commissioner for workmen,s Compensation and Deputy Commissioner of Labour, Nizamabad. Between: IN THE HIGH COURT FOR AT HYJ#EABTATE OF TELANGANA WEDNESDAY, THE TWENT_YFOURTH DAY OF FEBRUARY TWo THoUSAND AND IWEG;;,; .",. PRESENT THE HONOURABLE SRI JUSTI'E CHALLA KODANDA RAM RYAPANI VIJAY, S/o. Narasimhulu, Occ: Cleaner of Lorry Bearing No. ATJ-8, R/o.Dasnagar, Makloor (M), Nizamabad District. AND ...APPELLANT/APPELLANT G.I/ALLESH, S/o. G.Shankaraiah, It/a.1or, Occ: Owner of Lorry bearing No. ATJ- B, R/o. 6-73-82, Gouthmnagar, Nizamabad District. The New lndia Assurance Company Limited, Rep by its Divisional l\4anager, Divisionar office' oP P : ZP orrice' t' o::XA?n3'i |l1ffi33 ros rrE pAR, E s) 2 For the Appellant : SRI AZAR SRAVAN KUMAR, Advocate Forthe Respondent No.l : NONE APPEARED Forthe Respondent No.2: SRI R.VENKAT RAO, Advocate The Court delivered the following: JUDGIVIENT THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM CIVIL MISCELLANEOUS APPEAL No.517 of 2O11 JUDGMENT This appeal is filed against the order dated 01.03.2011 passed by the Commissioner, Workmen's Compensation, in W.C,No.B0 of 2002 NF. Heard learned counsel for the appellant; and Sri R. Venkat Rao, learned Standing Counsel for the respondent No.2-insurance company. The only question which has been pressed for consideration is with regard to the date of payment of interest. Whatever may be the position prior to the judgment of Hon,ble Supreme Court in Oriental Insurance Company v. Siby Georgel, finality was given in Siby George (1 supra) with respect to the issue that compensation amount falls due and payable as on the date of accident. This was in line with the judgment of Supreme Court in pratap Narain Singh Deo v. Srinivas Sabata2, My learned brother Justice A. Rajasheker Reddy had elaborately considered all the judgments cited by both the appellants as well as respondents in C.M,A.No.87t of 2OtS, and by order dated 04.12.2015 had held that the appellant/claimant is entitled to interest at l2o/o per annum from the date of accident till the date of realisation. However, though the amount of compensation is due on the date of accident, the liability to pay interest arises only after one month from the date of accident. Thls is on account of Section 4A(3) of the Workmen,s Compensation Act, 7923. i 12 scc 540 ] SCC 289 ' 1zotzl t r.tolel With respect to the contention of learned Standing Counsel for insurance company that the insurance company may not be mulcted with Iiability in cases where the appear against the owner stood dismissed and the owner having not been made a party respondent, the said contention is liable to be rejected for the reason that the issue had already been dealt in C.M.A.No.B71 of 2015, dated 04.12.2015, by referring to the judgment of Division Bench of this Court in Meka Chakra Rao v. Yelubandi Babu Rao @ Reddemma3. The iudgment of Division Bench being binding on this court, and there bei.g no reason for this court to differ with the rationare in Meka chakra, the contention of the rearned Standing Counsel for insurance company is rejected. Accordingly, the civil miscellaneous appeal stands disposed of. It is made clear that wherever the compensation amount has been deposited in pursuance of the orders of Commissioner, the payment of interest shall be reckoned from one month after the date of accident ti the date of deposit. No costs. Miscellaneous applications, if any pending, shall also stand closed. No costs i.i' -zoot 1t )ALD 453 //TRUE COPY' "5'"'i,f H'S,tiF-:^"J SECTION OFFICER J 'o ',l. ,n" Commissionerlor Workmen's'Compensation and Deputy Commissioner of ' ir6o-ri, rli"mabad -(with records) r- 'in a. bffi ss I sx *;i:xnx'n{:*:ttt'(oPuc) 4. Two CD CoPies Ki. \ -.)!>-- : { HIGH COURT DATED:2410212021 DGMENT , CMA.No.517 ot 2011 DISPOSING OF THE CMA, WITHOUT COSTS. .ruA JU ,t 1) "T $' * (o '-i*. 1 1-L- iICtH x- @