Friday, 25 April 2014

Interest on compensation payable from date of accident and not from date of award

Saberabibi Yakubbhai Shaikh v. National Insurance Co. Ltd., (2014) 2 SCC 298

 Tort Law 
 Workmen's Compensation Act, 1923 
 Ss. 4-A and 3 - Payment of interest - Date from which to be reckoned - From date of accident - Deceased driver 36 yrs
of age driving a truck awarded compensation on account of death in sum of Rs 2,13,570 with 12% interest as also Rs
1,06,785 as penalty - Applying Siby George, (2012) 12 SCC 540, held, High Court erred in directing respondent
Insurance Company to pay interest from date of adjudication of claim application and not from date of accident, wrongly
relying upon per incuriam decision in Satnam Singh, (2011) 14 SCC 758 - Thus, held, appellants are entitled to 12%
interest from date of accident,

   
 Constitution of India 

 Art. 141 - Per incuriam decisions - Held, decisions in Satnam Singh, (2011) 14 SCC 758, Mubasir Ahmed, (2007) 2
SCC 349 and Mohd. Nasir, (2009) 6 SCC 280, held, are per incuriam since they were rendered in ignorance of larger
Bench decisions in Pratap Narain Singh Deo, (1976) 1 SCC 289 and Valsala K., (1999) 8 SCC 254, (2014) 2 SCC 298-B 
   

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