ORIENTAL INSURANCE CO. LTD. Vs. BIMLESH

JUDGEMENT

(1.) The present appeal is filed against the impugned order dated 30th August, 2011 passed by the Commissioner, Employee's Compensation under the Employee's Compensation Act, 1923 (hereinafter referred to as 'the Act') wherein the Commissioner has directed the appellant-Oriental Insurance Company to pay compensation of Rs. 5,04,000 along with simple interest @ 12% per annum from the date of accident i. e. , 8.12.2009 till its realization to the respondent.

(2.) Learned counsel for the appellant has contended that the grievance of the appellant is that the Commissioner has calculated the compensation on the basis of the amended Act by taking the wages of the deceased @ Rs. 4500/- per month. It is contended that as per the settled law laid down by the of the Supreme Court, the compensation in the present case ought to have been calculated on the basis of provisions which were applicable on the date of accident. It is contended that under the unamended provisions applicable on the date of accident, the calculation was to be made on the basis of wages not exceeding Rs. 4000/- per month. In support of his contention, learned counsel for the appellant has relied upon KSEB vs Valsala, 1999 2 ACC 656. It is further contended that the other grievance is that the interest on compensation is awarded by the Commissioner from the date of accident whereas it ought to be awarded from the date of adjudication of the claim petition.

(3.) Admittedly the date of accident is 8.12.2009. It is admitted position that the deceased Banti @ Jai Kishan was in the employment of respondent no. 2 who was the owner of truck bearing no. HR-69-0441 and his death had occurred during the course of employement as he was crushed under the wheels of aforesaid truck. Before the Commissioner, appellant had admitted its liability. The Commissioner has calculated the compensation by taking the salary of the deceased at Rs. 4500/- per month and by taking into consideration the age of the deceased and the relevant factor as provided under the Act, the compensation has been computed as Rs. 5,04,000/-. What is relevant date for determining the rights and liabilities of the parties under the Act has been dealt with by the Supreme Court in the Kerala State Electricity Board & anr Vs. Valsala K and Anr, 1999 2 ACC 656 wherein relying on the four Judges' Bench of the Supreme Court in Pratap Narain Singh Deo V Srinivas Sabata & anr, 1976 1 SCC 289, it has been held that the relevant date for determination of date of compensation is the date of accident and not the date of adjudication of claim.