IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 OP(LC).No. 3909 of 2011(O) --------------------------------------- WCC.NO.68/2008 of COMMISSIONER FOR WORKMEN'S COMPENSATION, ERNAKULAM .................... PETITIONER: ----------------------- K.K.SUBRAMANYAN @ KUMARAN, AGED 55, VALAPPATTIL HOUSE, THOTTAKKATTU KARA P.O., ALUVA. BY ADV. SRI.GOPAKUMAR G. (ALUVA) SMT.ANUPAMA JOHNY RESPONDENT(S): ---------------------------- 1. NATIONAL INSURANCE CO.LTD., DIVISION NO.10, FLAT NO.101-106 N-1`, CONNAUGHT PLACE, NEW DELHI-110 001, REPRESENTED BY ITS ADMINISTRATIVE OFFICER (LEGAL), THIRD PARTY CELL, REGIONAL OFFICE, OMANA BUILDINGS, NEAR PADMA JUNCTION, ERNAKULAM-682 014. 2. DISTRICT COLLECTOR, ERNAKULAM, COLLECTORATE, KAKKANAD, ERNAKULAM-682 023. 3. COMMISSIONER FOR WORKMEN'S COMPENSATION CIVIL STATION, KAKKANAD, ERNAKULAM-682 023. R1 BY ADV. SRI.GEORGE CHERIAN(THIRUVALLA) R2 & R3 BY GOVERNMENT PLEADER SRI.G.GOPAKUMAR THIS OP (LABOUR COURT) HAVING COME UP FOR ADMISSION ON 20/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts OP(L.C)NO.3909/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE PETITION TO SET ASIDE THE EX-PARTE ORDER FILED BY THE ADMINISTRATIVE OFFICER (LEGAL) OF THE FIRST RESPONDENT. P2 COPY OF THE AWARD PASSED IN WCC.68/08 ON THE FILE OF THE COMMISSIONER FOR WORKMEN'S COMPENSATION ERNAKULAM. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts P.N.RAVINDRAN, J. -------------------------------------- OP(LC) No.3909 of 2011 --------------------------------------- Dated this the 20th day of December, 2011 JUDGMENT The petitioner is the first applicant in WCC No.68/2008 on the file of the Court of the Commissioner for Workmen's Compensation, Ernakulam. He along with his wife Sulochana filed a claim petition under section 22 of the Workmen's Compensation Act, 1923 seeking compensation for the death of their son, Anilkumar who died on 12.6.2006 while he was employed as a driver in a motor car. By Ext.P2 order passed on 21.1.2011, the Court of the Commissioner for Workmen's Compensation, Erankulam awarded a sum of Rs.4,19,840/- as compensation and directed the petitioner herein to deposit the said amount together with interest as 12% by from 12.6.2006. (the date of accident till the date of deposit).This original petition is filed for an order directing the second respondent to initiate revenue recovery proceedings against the first respondent insurer to release the amount payable to the petitioner and his OP(LC) No.3909 of 2011 -2- wife under section 22 of the Workmen's Compensation Act, 1923. 2. When this original petition came up for hearing today, Sri. George Cherian, the learned standing counsel appearing for the first respondent insurer stated that the insurer will deposit the amount covered by Ext.P2 order within two months from today. The learned standing counsel also submitted that the first respondent proposes to file an appeal challenging Ext.P2 order to the extent it entitles the petitioner and his wife to pay interest on the compensation awarded by the Court of the Commissioner for Workmen's Compensation for the period from the date of the accident namely 22.12.2006 till the claim petition was filed namely 29.9.2008 and that the said right of the first respondent may be kept open. The learned counsel appearing for the petitioner did not oppose the said request. In such circumstances, I dispose of the original petition with a direction to the insurer to deposit the amount covered by Ext.P2 order passed by Court of the Commissioner for Workmen's Compensation, Ernakulam in WCC No.68/2008 expeditiously and in any event within two months from today. OP(LC) No.3909 of 2011 -3- It is clarified that it will not stand in the way of the first respondent insurer from challenging Ext.P2 award in other appropriate proceedings. Sd/- P.N.RAVINDRAN, JUDGE. Rkc //true copy// PA to Judge.