RAVEENDRAN Vs. JAYASREE

JUDGEMENT

(1.) First opposite party in W.C.C. No. 10 of 2002 on the file of the Commissioner for Workmen's Compensation, Kannur is the Appellant herein. Respondents in the appeal claimed compensation on the ground that husband of the first respondent and father of respondents 2 to 5, while working as watchman in the house of the appellant, died during the course of employment and the death was arising out of employment. During the pendency of the proceedings, the matter was agreed to be settled on payment of Rs. 75,000/-. The agreement was not produced. First claimant widow of the deceased employee deposed before the Court that her husband was employed under the appellant and during the course of employment he met with an accident and died. Even though in the application for claim, she claimed that his salary was Rs. 4,500/-, during evidence, she deposed that it was only Rs. 1,000/- (may be due to the settlement). Even though in the claim petition the age of her husband was mentioned as 54, she deposed that the husband was aged 65 years. A reduced income of Rs. 1,000/- and a higher age of 65 might have been deposed to suit the amount of compensation agreed upon. She was not cross-examined. Therefore, compensation was calculated taking 65 as his age and Rs. 1,000/- as the monthly income. The compensation was calculated as follows: <p>1000 x 50 x 99,37 ------------------ = Rs. 49,685/- 1000

(2.) Under Section 4A(3)(a) of the Act, it is mandatory to pay simple interest at the rate of 12% from the date of accident. Section 4A(3)(b) of the Act also provides that the Commissioner is empowered to impose 50% of the compensation as penalty if the employer is delaying the matter without any justification. In this case, the Commissioner did not award any penalty. But, grant of 12% interest per annum from the date of accident is mandatory. The matter is covered by the decision of the Supreme Court in Ved Prakash Garg v. Premi Devi and Ors., . We also note that under Section 17 of the Act, the workman is not entitled to relinquish the rights of compensation and compensation has to be calculated, strictly according to the Act. Section 17 reads as follows: