NATIONAL INSURANCE CO LTD Vs. C L BIJU

JUDGEMENT

(1.) THIS appeal is preferred by the Insurance Company/second respondent before the Commissioner for Workmen's Compensation under section 30 of the Workmen's Compensation Act, 1923 against the award directing payment of an amount of Rs. 1,41,268/- to the first respondent herein, i. e. , the claimant before the Commissioner.

(2.) THE claimant had staked a claim for compensation against the second respondent, his employer as also the appellant herein/insurer. The commissioner came to the conclusion that the claimant is entitled to the said amount of Rs. 1,41,268/ -. It was further directed that interest be paid on the compensation amount at the rate of 12% per annum from 5. 12. 2005, i. e. , the date of the accident.

(3.) THE appellant claims to be aggrieved by the impugned award. What is the grievance? Learned counsel for the appellant only contends that the award of interest at the rate of 12% per annum from the date of the accident is not correct. Relying on the decisions reported in National insurance Co. Ltd. v. Mubasir Ahmed, 2007 (3) K. L. T. 26 (SC) and kamla Chaturvedi v. National Insurance Co. ,2008 (4)K. L. T. 862 (SC)rendered by the Supreme Court, it is contended that interest at the rate of 12% can/should have been awarded only from the date of the award. In mubasir Ahmed's Case, the Supreme Court has taken the view and the same was followed in Kamla Chaturvedi v. National Insurance Co. , 2008 (4)K. L. T. 862 (SC) though there was no further discussion except to follow Mubasir Ahmed's Case.