SANJAY BHIMRAO SULE Vs. OMKAR SINGH HARMAN SINGH

JUDGEMENT

(1.) THE appeal is preferred against the Judgment and award dated 22 01 2009 passed by learned Commissioner for workman 's compensation in application WCA No.586/C 230/2005 whereby the application was partly allowed and the amount in the sum of Rs.1,87,062/ only was awarded @ interest at the rate of 12 % p.a. from the date of adjudication till the date it 's realization payable by the Insurer and the employer Mr.Onkarsingh Harnamsingh (hereinafter referred as "Opposite party ").

(2.) HEARD submissions at the Bar.

(3.) I have perused the record and proceedings. The evidence led revealed that the accident occurred due to failure of brakes, in the course of the claimant 's employment with the opposite party. Dr.Naresh Khanna supported the case of the claimant workman to depose that the claimant had suffered from the permanent partial disability of 40% but due to the said disability the workman is unable to drive the vehicle in future because the claimant is unable to move his leg due to permanent partial disability. Grievance of the appellant is that the learned Commissioner failed to appreciate the total inability of the workman to drive the vehicle in future due to permanent partial disability certified by the Doctor, while restricting the compensation computing it on the monthly basis of Rs 2400/ only, when sum of Rs 4000/ as monthly wages of the workman was established and undisputed. The Tribunal also erred to award the interest, payable from the date of the accident at the rate of 12% p.a. statutorily. The law contemplates early payment of compensation payable and therefore levy of higher rate of interest @ 12% p.a. is also provided to ensure that arrears of compensation must be cleared as early as possible. Unjust delay on the part of the employer/insurer can attract hefty penalty up to 50% of the compensation payable. Section 4 A of the Act reads thus: