D.NAGAJUNA Vs. DRN INFRASTRUCTURE

JUDGEMENT

(1.) An injured claimant filed this Civil Miscellaneous Appeal under Sec. 30 of the Employees Compensation Act, 1923(hereinafter referred to as act, 1923). In this appeal, he assails the order dtd. 2/1/2023 of the learned Commissioner for Employees Compensation and Deputy Commissioner of Labour, Kurnool in E.C.No.1 of 2019.

(2.) The appellant is Sri.D.Nagarjuna, while working as operator on stone crushing machine under the Employment of 1st respondent, in the course of employment met with an accident on 3/3/2014. As a result of which his right hand was amputated and he sustained 80% of permanent disability. The employees working under the 1st respondent unit was covered by the insurance policy issued by the 2nd respondent. As the respondents did not pay the compensation for injury sustained by the appellant he filed an application U/s.22 of E.C.Act, 1923 before the Commissioner for Employees compensation and Deputy Commissioner of Labour, Kurnool seeking compensation of Rs.15,00,000.00 together with interest @18% per annum from the date of accident till date of realization against both respondents. The learned Commissioner conducted inquiry and allowed the petition in part by granting compensation to the appellant of Rs.8,20,109.00 under Sec. 4 of Employees compensation Act and further awarded 12% interest thereon till date of payment of compensation. But he omitted to grant interest on compensation amount from the date of incident till date of order.

(3.) Aggrieved by the impugned order passed by the learned Commissioner for awarding less compensation and restricting the interest @ 12% per annum from the date of Order/Award till the date of payment under the impugned order dtd. 2/1/2023 passed in E.C.No.1 of 2019 and consequently omitting to grant interest from the date of incident till date of award @ 12% per annum and also further for non quantification of the medical expenses, the appellant filed this Appeal under Sec. 30 of Employees Compensation Act,1923.