MUNICIPAL CORPORATION Vs. PRATIBHA KASHINATH GAJBHIYE

JUDGEMENT

(1.) Heard. Admit. Taken up for final hearing with the consent of learned counsel for rival parties. In these three appeals, judgment and Award dated 24.9.2010 passed by Commissioner under Workmen's Compensation Act, Amravati, in Application (WCA) No. 8/2005, 9/2005 and 10/2005 are under challenge.

(2.) By the impugned judgment and Award, the Commissioner under Workmen's Compensation Act awarded compensation to the respondents/employees with interest at 12% per annum from 15.12.2004, i.e. after a month from the date of accident- 14.11.2004.

(3.) In support of appeals, Mr.Kasat, learned counsel for the appellants, submitted that the compensation would fall due only when the Commissioner makes an application as to whether the accident took place, whether the workman was entitled to compensation, and whether the employer or any other person was responsible to make payment of compensation. According to him, unless the same is adjudicated, the compensation will not fall due and, therefore, on the date of adjudication by the Commissioner the same would fall due. He, thus urged that the Commissioner by making the impugned order committed error in awarding compensation from 15.12.2004 instead of from the date of judgment, i.e. 24.9.2010. He relied upon the decision of supreme court in the case of National Insurance Co. Ltd. v. Mubasir Ahmed & anr., 2007 2 SCC 349, and in particular para 9 thereof.