D.PANNEER SELVAM Vs. K.LOGANATHAN

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is filed against the Judgement and Decree dated 6.11.2000 made in WC.No.102/1998 by the learned Labour Commissioner I for Workmen's Compensation, Chennai-6, wherein the claim of the Appellant was allowed, awarding compensation of Rs.2,16,026/-, however directing the Insurance Company to deposit the amount within a period of 30 days from the date of receipt of a copy of the order with a further stipulation that in default of such payment within the said period, the awarded sum would carry simple interest at the rate of 12 per cent p.a. from the date of the claim petition till the date of deposit.

(2.) MR.A.Shanmugaraj, the learned counsel for the Appellant would contend that the interest is payable at a minimum rate of 12 per cent p.a., as provided under Section 4A(3) of the Workmen's Compensation Act, 1923 (herein after referred to as the Act) and from the date of the accident, which, according to him, is the date on which the compensation payable fell due and the interest is payable along with the principal amount of compensation by the Insured employer and the Insurance Company jointly and severally. His contention is that interest is payable irrespective of the fact whether there was default on the part of the Insurance Company in making payment of the awarded sum within the time stipulated in the award.

(3.) THE learned counsel for the Appellant/workman contends that the said expression signifies the date of accident itself because the amount is payable by the employer the moment the workman suffers personal injuries arising out of the accident in the course of employment.