Summary
The High Court rejected an insurer’s delayed appeal but nevertheless deleted the interest awarded to an injured labourer. The Court held that, having dismissed the appeal on limitation, the High Court could not alter the award on merits; the deletion was also substantively incorrect because interest ran from the accident date. The compensation and interest award was restored, with ₹50,000 costs and payment of the outstanding amount within four weeks.
Issues
- Whether interest could be removed after the insurer’s appeal was dismissed as time-barred.
- From what date interest on the compensation was payable.
Provisions considered
- Section 4A, Workmen’s Compensation Act, 1923Compensation fell due on the accident; applying the cited authorities, interest was payable from that date rather than the adjudication date or a later thirty-day starting point. (¶ 5)
Held
- After refusing to condone the unexplained 619-day delay and dismissing the appeal, the High Court had no occasion to interfere with the award on its merits. Withdrawal of the deposited amount did not justify refusing correction of that error. (¶ 4-5)
- The deletion was also incorrect on merits. The governing authorities treated compensation as due from the date of accident and required interest from that date; the Court rejected a later starting point. The Commissioner’s award of compensation and interest stood restored. (¶ 5-6)
- The insurer’s pursuit of the time-barred appeal had compelled the injured labourer and his spouse to approach the Supreme Court. Costs of ₹50,000 were awarded, payable within four weeks together with the unpaid award component inclusive of interest. The appeal was allowed. (¶ 7-8)
Result
Appeal allowed; compensation and interest award restored. Insurer directed to pay ₹50,000 costs and the outstanding award inclusive of interest within four weeks.