PURIBEN NAGABHAI Vs. NATHABHAI M ODEDRA PORBARDAR

JUDGEMENT

(1.) As a result of the personal injuries caused to the son of the appellant by an accident arisen out of and in the course of his employment, the appellant herein lodged claim for compensation before the Work Commissioner under the Workmen's Compensation Act, 1923. After trial of the claim learned Commissioner for Workmen's Compensation passed award on 23rd February, 1995 and awarded Rs. 67,566/- as compensation to the appellant. But penalty and interest on the amount of compensation has not been awarded. Hence this appeal.

(2.) In this appeal learned counsel for the appellant has raised only contention that the award of the Commissioner under the Workmen's Compensation Act, 1923 to the extent it declined to award interest to the appellant is wholly arbitrary and unjust. Learned counsel for the appellant urged that provisions of Sec. 4-A of the Workmen's Compensation Act, 1923 have not been taken care of by the Commissioner for Workmen's Compensation. Otherwise interest would have been awarded on the amount of compensation. None put appearance from the side of the respondents to oppose this appeal.

(3.) Sub-section (3)- of Section 4-A of the Workmen's Compensation Act, 1923 provides that where any employer is in default in paying the compensation due under this Act within one month from the date it fell due, the Commissioner may direct that in addition to the amount of the arrears, simple interest at the rate of six per cent per annum on the amount due together with, if in the opinion of the Commissioner there is no justification for the delay, a further a sum not exceeding fifty per cent of such amount, shall be recovered from the employer by way of penalty. In this case 1 find from the award that no reason, good, bad or indifferent has been recorded by the Commissioner under the Workmen's Compensation Act not to award interest to the claimant on the awarded amount. It is not in dispute that the amount of compensation which was payable to the claimant has not been paid by the respondents within the stipulated period. Not only this, the respondents contested the claim application and only after full-fledged hearing thereof the award has been passed. In view of these facts the Commissioner under the Workmen's Compensation Act, 1923 has clearly fell in error in not awarding interest on the amount of compensation to the claimant- appellant. Compensation becomes payable from the date of accident and not from the date, of determination of the amount thereof. Reference in this regard may have to be made to the decision of the Apex Court in the case of Pratap Narain Singh Dev v. Srinivas Savatar.