IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 MFA.No. 615 of 2003(A) --------------------------------- WCC.45/1996 of W.C.C. & CONTRACT L.BOARD,TVM. .................... APPELLANT: APPLICANTS/OPPOSITE PARTIES 3 & 4: ---------------------------------------------------------------------- 1. THE CHIEF FOREST CONSERVATOR, AUGUSTIAVANAM BIOLOGICAL PARK OFFICE, P.T.P.NAGAR, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER RESPONDENTS: RESPONDENTS/OPPOSITE PARTIES 1 & 2: ------------------------------------------------------------------------------- 1. RAVI, S/O. PARAMU, PLANKALAVILA VEEDU, PARAKOTTUKONAM, KULATHUMMAL DESOM, NEYYATTINKARA TALUK. 2. A.K.VIKRAMAN NAIR, SREE PADAM, KOTTAKKAL, BALARAPURAM. 3. R.SURAJ, RAJ VRINDAVAN, UCHAKADA, VENGANOOR, THIRUVANANTHAPURAM. BY ADV. SRI.R.S.KALKURA SRI.G.SUDHEER THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 03/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR, J. = = = = = = = = = = = = = = = = = = = M.F.A. NO. 615 OF 2003 = = = = = = = = = = = = = = = = = = = Dated this the 3rd day of January, 2008 J U D G M E N T -------------------- The Chief Conservator of Forests, Thiruvananthapuram and District Collector, Thiruvananthapuram, are the appellants. 2. First respondent was working as a mason in connection with the construction of the Community Hall at Kappukkade near Kattakkada within the premises of Augustiavanam Biological Park. On 22.6.1995 first respondent sustained an employment injury. He filed a petition claiming disablement benefit. On an earlier occasion the Deputy Labour Commissioner awarded an amount of Rs.1,12,000/- as compensation treating his case as a case of total permanent disability. Challenging that order, the Chief Conservator of Forests filed M.F.A. No.1015 of 1995 before this Court. This Court set aside the order and remanded the matter for fresh disposal. After remand, the first respondent appeared before a Medical Board for examination. The Medical Board, after M.F.A. NO. 615 OF 2003 -: 2 :- examining the first respondent, issued a medical certificate fixing the loss of earning capacity at cent percent. The Deputy Labour Commissioner accepted the medical certificate and again awarded Rs.1,12,000/- as compensation. The Deputy Labour Commissioner also awarded interest at the rate of 6% for the entire amount of Rs.1,12,000/- from 22.6.1995 to 8.4.2003. Challenging that order, this appeal is filed. 3. As I have already stated, initially, the Deputy Commissioner treated the case of the workman as a case of cent percent disability. First respondent produced a medical certificate issued by an Orthopaedic Surgeon stating that he has a disability of 50%. Though the certificate shows that the first respondent was having 50% disability, the Deputy Labour Commissioner treated the disability as cent percent and passed the order. That order was set aside by a Division Bench of this Court. This Court directed the Commissioner to send the first respondent for a medical examination by a Medical Board and obtain a certificate. The Commissioner was also directed to assess the disability on the basis of the medical certificate to be issued by the Medical Board. First M.F.A. NO. 615 OF 2003 -: 3 :- respondent was allowed to withdraw 50% of the award passed by the Commissioner with interest. 4. It is not disputed that the appellants deposited the entire amount with interest as per the order passed by this Court at the time of filing of the appeal. The amount was deposited on 20.7.1999. The first respondent had already withdrawn Rs.69,578 with interest on 8.4.2003. 5. After remand, first respondent was examined by a Medical Board and the Board issued a medical certificate fixing the loss of earning capacity of the first respondent as cent percent. The Deputy Labour Commissioner accepted the same. So the compensation of Rs.1,12,000/- fixed by the Deputy Labour Commissioner is correct. First respondent is entitled to get interest for the entire amount till 20.7.1999. If the appellants had already deposited the interest also till 20.7.1997, they are not liable to deposit any further interest. It is pointed out by the Government Pleader that on 24.7.2003 appellant had again deposited Rs.52,902/-. According to the appellants interest at the rate of 6% for the entire amount for the period from 22.6.1995 till 21.6.2002 was also deposited. It M.F.A. NO. 615 OF 2003 -: 4 :- is trite law that the liability to pay interest will come to an end when the amount is deposited. If the entire amount of Rs.1,12,000/- was deposited on 22.4.1999, no question of payment of any further interest arises. The first respondent is entitled to get interest only till that date. Of course, if the entire amount was not deposited and any part of the principal amount is to be deposited, certainly, appellants will have the liability to pay interest for that portion of the amount till the date of deposit of that amount. So the order passed by the Deputy Labour Commissioner directing the appellants to pay interest from 22.6.1995 till 4.8.2003 is set aside and modified. It is made clear that if the appellants had already deposited the entire amount of Rs.1,12,000/- on 20.7.1999, they are not liable to pay any further interest. Appeal is disposed of in the above terms. K. PADMANABHAN NAIR, JUDGE. vsv K. PADMANABHAN NAIR, J. ===================== M.F.A. NO.615 OF 2003 ===================== J U D G M E N T ------------------------------------------- 3RD JANUARY, 2008