SANNABASAVARAJA @ BASAVARAJA Vs. B.S. PUSHPALATHA

JUDGEMENT

(1.) This appeal is by an employee and is directed against the judgment dtd. 29.08.2011 passed by the Commissioner for Workmen's Compensation, Davanagere. By the impugned judgment, the Commissioner has awarded Rs. 1,21,997/- as compensation to the appellant for the permanent partial disablement suffered by him due to the injuries caused to him in a motor vehicle accident that occurred on 17.04.2010 along with interest thereon @ 12% p.a. from expiry of 30 days from the date of the judgment. I have heard the learned counsel appearing for the parties and perused the impugned judgment. The sole contention urged by the learned counsel appearing for the appellant is that the Commissioner for Workmen's Compensation had erred in law in not awarding interest on the compensation amount from expiry of one month from the date of the accident. In support of his contention, he relied on a judgment of the Supreme Court in Oriental Insurance Co. Ltd. vs. Siby George, 2012 AIR(SC) 3144 and specifically referred to the following observations made therein:

(2.) In the light of the law laid down by the Supreme Court in Siby George referred to above, if any employer commits default in paying the compensation amount due under the Employees' Compensation Act, 1923, the employee or his dependent, as the case may be, is entitled for interest @ 12% p.a. under Section 4A(3)(a) of the aforesaid Act, on the compensation amount due, from expiry of one month from the date it fell due i.e. from expiry of one month from the date, the injury or death resulting from such injury, was caused by the accident, till the date of its deposit. Accordingly, the appellant is held entitled for interest @ 12% p.a. on the compensation amount due, from expiry of one month from the date of the accident till the amount is deposited. The impugned judgment stands modified to the said extent. The appeal is allowed in terms stated above.