A CHAIRMEN Vs. A THIRUMENI

JUDGEMENT

(1.) AGGRIEVED against the award of interest from the date of application and not from the date on which the compensation amount fell due, i.e. the date of accident, the claimant has preferred this appeal.

(2.) HEARD Mr.U.M.Ravichandran for the appellant and Mr.N.Vijayaraghavan for the first Respondent. The factual background in a nutshell are as follows:- On 16.03.1999 at about 5.00 a.m. the appellant was driving lorry TDN 67 Z 1159, which belongs to the first Respondent in Udumalpet Road, Coimbatore District and when he applied brake during rainy time, the tyres of the lorry slipped and the vehicle dashed against a bridge and fell down from that bridge. In the said accident, the appellant sustained fracture and dislocation at right hand wrist, right elbow and the applicant also sustained grievous cut injuries, over the right ankle. That apart, the appellant has also sustained grievous injuries all over his body. The lorry was insured with the second respondent Insurance Company. Claiming compensation of Rs.2,00,000/-, under the Workmens Compensation Act, 1923, the appellant filed application before the Commissioner for Workmen's Compensation. The Insurance Company resisted the claim Petition contending that the compensation amount claimed is excessive.

(3.) THE learned Counsel for the appellants contended that interest would accrue thirty days after the accident and not from the date of application or quantification of compensation. In support of his contention, the learned Counsel has placed reliance upon the Judgment of the Constitutional Bench reported in 1998 ACJ page 1 (SC) and other decisions. THE learned Counsel has also drawn my attention to my decision reported in 2007 (3) TNLJ 358 [Marimuthuammal @ Marimuthu and another vs. M/s.R.P.P.Construction (P) Ltd., and another]. In the said Judgment after elaborate consideration of all the decisions, I have taken the following view: -