(Civil Appeal No. 9046 of 2019) (Arising out of SLP (C) No. 18110 of 2019)
Article 136 and 142 of the Constitution of India
The appellants are the father, mother, sister and brother of the Dinesh Kumar (dead). Dinesh Kumar had died in the road accident after the crash with the truck. A claim under 1923 was lodged before DC for Employee’s Compensation. DC had proceeded ex parte. The appellant then filed the appeal before the Madras High Court for enchantment and compensation. The HC in the interest of justice remanded the proceedings to DC. The appellant has approached the HC in appeal arising from the decision of the DC for Employees Compensation under its Act from Rs. 4,33,060/- to Rs. 8,86,120/- . The HC was awarded interest of 12% per annum from the date of accident.
Partap Narian Singh v. Srinivas Sabata (1976) 1 SCC 289. Kerala State Electricity Board v. Valsala (1999) 8 SCC 349, Union of India v. Rina Devi (2019) 3 SCC 57, Kalandi and Mohamadi v. Union of India (2019) 12 SCC 389 and Rathi Menon v. Union of India (2001) 3 SCC 714
The judgement of Rathi Menon and Rina Devi were both rendered by the Bench of Two judges of this Court, In Rina Devi, this court has resolved the apparent conflict between Rathi Menon and Kalandi by taking into well as the change in the position of the law following the judgement. It is to be noted that no similar position of law for the determination of the compensation world be the date of accident. Pratap Narain Singh and Valsala both were the judgements of the large Bench of this Court. So, it was taken into consideration the relevant payment of compensation by taking to consideration when the accident took place.
The total compensation payable to the appellant shall be Rs. 8,86,120/- and interest shall be 12% from the date of the accident. The period of two months was being given to pay the compensation and there was no order as to the costs.
Rule 32 (e) of the Prevention of Food and Adulteration Rules 1955 Section 5, 7, 16(1)(a) of the Prevention of Food Adulteration Act, 1954 Section 19(2) of the Prevention of Food Adulteration Act Section 23(l)(c) of PFA Act
Art. 14, 15, 21 and 25 of Constitution of India