Workmen’s Compensation Act, 1923 – If the judgment debtor wishes for the interest to stop running, then the payment is required to be made to the decree-holder and mere deposit with the Workmen’s Compensation Commissioner, would not suffice, as the deposit made would not enure to the benefit of the decree holder.
Held,
Whenever any judgment or award is passed in favour of a party, be it a claimant or a plaintiff such party would be entitled for the principal amount and interest thereon till the date of receipt of the amounts – Merely because, the defendant or the judgment debtor were to deposit the amounts in a Court of law or as done in this case before the Workmen’s Compensation Commissioner, the obligation to pay the amounts would not cease – What is of relevance is for the claimant or plaintiff to receive the monies which have been ordered in his or her favour, the deposit of the money either in a Court or by a fixed deposit would not enure to the benefit of the plaintiff/claimant thereby depriving him of the beneficial use of the money, such deprivation being as a result of a judgment debtor or the petitioner in the present case not releasing money in favour of the claimant/decree holder/plaintiff – Judgment debtor who took on the risk of continued accrual of interest on the said amount, till the actual payment thereon.
Facts:
The principal amount and interest were deposited before the Workmen’s Compensation Commissioner but not paid to the claimant. The petitioner -insurance company opposed the claimant’s application for release on the ground that they were filing an appeal , and requested not to disburse the deposited amounts. The amounts were eventually released to the claimant after a long period,claimant entitled to interest.
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