DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD. REP BY ITS THE DEPUTY MANAGER, NATIONAL INSURANCE CO. LTD. Vs. SRI BABU NAIK S/O MAHALINGA NAIK, SMT. KAMALA W/O BABU NAIK AND SRI ANANDA GOWDA S/O KUNTANNA GOWDA

JUDGEMENT

(1.) THESE two appeals are taken up together for disposal in view of the common ground urged by the learned Counsel for the parties concerning rate of interest.

(2.) IT is not in dispute that the respective claimants were the L.Rs of the deceased employee and the accident also occurred arising out of and in the course of employment. Even though, the income take by the Commissioner is sought to be reduced in the learned Counsel for the Insurance Company, yet in view of the reason given by the Commissioner for taking the said income, I do not see any necessity to interfere with the quantum of compensation. However, only the interest part of the order requires modification and in view of the Apex Court decision in the case of Oriental Insurance Co. Limited v. Mohd. Nasir and Anr. reported in 2009 AIR SCW 3717, the interest payable is at 7 1/2% from the date of application till the date of the order of the Commissions and thereafter @ 12% till payment is made. Amount in deposit be transferred to the W.C. Commissioner for making payment to the claimants.