NOOR BASHA S/O DASTAGIRI @ DASTAGIRISAB Vs. SURESH REDDY S/O SIDDAREDDY AND THE BRANCH MANAGER, THE ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award in No. LOC.WC/NF/CR -175/2007 dated 28.2.2008 on the file of the Labour Officer and Commissioner for Workmen's Compensation, ('Commissioner' for short), Chitradurga District, Chitradurga. The appellant was the claimant before the Commissioner and the respondents were the owner and the insurer of the offending vehicle. The Commissioner has awarded a total compensation of Rs. 2,22,426/ - with interest at 12% per annum after 30 days from the date of the judgment till the date of deposit

(2.) LEARNED Counsel for the appellant would contend that the income of the claimant was Rs. 5,000/ - per month. He was also paid bata of Rs. 100/ - per day. The Commissioner therefore, was not justified in holding that his monthly income was Rs. 4,000/ -. Secondly, it is contended that the Commissioner ought to have awarded interest at 7 1/2% per annum on the amount awarded by him towards compensation from the date of the application till the date of judgment and at 12% per annum from the date of the judgment till the date of deposit.

(3.) THE appellant has filed his affidavit of evidence contending that he was earning Rs. 5,000/ - per month and Rs. 100/ -per day towards bata. He has not produced any material in support of the said claim. He has not examined his employer. The Commissioner on appreciation of the material on record has come to a conclusion that the claimant was earning Rs. 4,000/ - per month, which is just and reasonable. However, the Commissioner ought to have awarded interest at 7 1/2% per annum from the date of the application till the date of the judgment and at 12% per annum from the date of the judgment till the date of deposit