HON’BLE SRI JUSTICE R.KANTHA RAO CIVIL MISCELLANEOUS APPEAL NO.469 OF 1998 Date:04.11.2009 Between: Yulamarthi Anjaneyulu …Appellant And Smt.S.Kanakadurga and another …Respondents HON’BLE SRI JUSTICE R.KANTHA RAO CIVIL MISCELLANEOUS APPEAL NO.469 OF 1998 JUDGMENT: This is an appeal filed against the order dated 20.12.1995 passed by the Commissioner for Workmen’s Compensation, Guntur Region, Guntur in W.C.M.P.No. C/NRIS/3789/95 in W.C.No.136 of 1992 rejecting the application filed by the appellant/applicant under Section 4-A (3) of the Workmen’s Compensation Act. The learned Commissioner allowed the application filed by the appellant seeking compensation and granted an amount of Rs.1,02,975/- besides the stamp duty of Rs.206/- totalling Rs.1,03,181/- directing both the respondents (opposite parties 1 and 2) jointly and severally to pay compensation and further directed that both the respondents shall deposit the amount awarded within 30 days from the date of receipt of the order, and in default, they have to pay interest @ 6% per annum from the date of accident till the date of realization, in addition to penalty that may be imposed under Section 4-A(3) of the Act. 2. The order was passed on 10.01.1995, whereas the amount was deposited by the second respondent on 20.05.1995. Thus, the deposit was made more than 30 days after passing of the order by the learned Commissioner. By deposing the amount, the second respondent-insurance company admitted it’s liability and therefore, it is no longer in dispute. 3. Since the second respondent deposited the amount 30 days after passing of the order by the learned Commissioner, the appellant/applicant filed W.C.M.P.No. C/NRIS/3789/95 under Section 4-A (3) of the Act seeking an order to direct the respondents to pay an amount of Rs.26,805/- as interest of 6% per annum on the amount of compensation awarded and also seeking to impose appropriate penalty under the above said provision. 4. I have heard the learned counsel appearing for the appellant. None appears for the respondents. 5. Under Section 4-A (3) of the Act, it is mandatory on the part of the respondents to pay interest at 6% per annum as directed by the learned Commissioner on their failure to make deposit within the stipulated period and of-course, imposing of penalty lies with the discretion of the Commissioner. But, in the instant case, the learned Commissioner rejected the petition on the ground that it is not maintainable. The order passed by the learned Commissioner which is contrary to Sub-section 4-A (3) of the Act, is illegal and is set aside in this appeal. 6. Consequently, the respondent No.2 is directed to deposit the amount of Rs.26,805/- (Rupees twenty six thousand eight hundred and five only) in terms of the order dated 10.01.1995 passed by the Court below. The appeal is, therefore, allowed in part without costs. _______________ R. KANTHA RAO ,J Date:04.11.2009 ccm HON’BLE SRI JUSTICE R.KANTHA RAO CIVIL MISCELLANEOUS APPEAL NO.469 OF 1998 Date:04.11.2009