MYMUNABE W/O ABBU BAKKAR Vs. SRI MOHAMMED BASHIR BARI S/O V. HUSSAIN BAIR, MAJOR HOUSE NO. 1-142, VADASE BACK NO. 1, ACHALADI GRAMA UDUPI TALUK AND NEW INDIA ASSURANCE CO. LTD. BRANCH OFFICE: MALKAL BUILDING 1ST FLOOR, MANCHERI ROAD OF-HIL, MALP

JUDGEMENT

(1.) THE main grievance of claimant appears to be alleged discrimination made under Section );">4A of the Workmen's Compensation Act regarding maximum wages permissible for determination of compensation. The learned counsel for appellant would submit that the Commissioner should not have taken wages of the claimant at Rs. 4,000/ - per month ignoring the actual wages and the Commissioner should not have restricted maximum wages to Rs. 4,000/ - and thereafter deducted 50% of same for determination of compensation

(2.) THE Commissioner for Workmen's Compensation has determined compensation as provided under Section );">4A of the Act. The Commissioner has awarded interest at the rate of 12% per annum. The Commissioner should have awarded interest at the rate of 71/2 % per annum during pendency of petition and interest at the rate of 12% per annum after 30 days from the date of award till the date of realisation. Therefore, the impugned award requires to be modified. In the result, I pass the following: ORDER i) The appeal is accepted in part. ii) The compensation awarded by Commissioner for Workmen's Compensation is confirmed. However, the insurance company is liable to pay interest at the rate of 71/2 % per annum from the date of application to the date of award and interest at the rate of 12% per annum after one month from the date of award till the date of realisation, excluding interest for the delayed period of 172 days.