BADRILAL Vs. INDUSTRIAL GAS SUPPLYING CORPORATION

JUDGEMENT

(1.) THIS Order shall also govern the disposal of MA No.2890/2010 filed by the respondent No.l as in both the appeals the order under challenge is dated 22.07.2010 passed by Commissioner for Workmen's Compensation Act, Labour Court, Dewas in case No.09/ WCNF/2008 whereby the learned Court below on the petition filed by the appellant under the provisions of Workmen's Compensation Act awarded a sum of Rs.2,85,000/- as compensation alongwith interest @ 12% per annum from the date of the accident.

(2.) IN MANo.3407/2010 appeal filed by appellant/claimant while 2890/2010 is filed by the respondent No.l. Appeal filed by the appellant is barred by 46 days while appeal filed by the respondent is in time. Keeping in view the fact's stated by appellant, application filed by the appellant is allowed and the delay in filing the appeal is condoned.

(3.) AFTER hearing counsel at length, this Court is of the opinion that the learned Court below committed error in assessing the income of the appellant @ Rs.2,418/- per month which ought to have been assessed on the basis of evidence adduced by the appellant according to which income of the appellant is Rs.3,000/- per month. Otherwise also accident is of the year 2006, record which could have been produced by the respondent No. 1 to prove that the respondent No. 1 was paying wages @ Rs.2,000/- per month was not produced by respondent No.1. In the facts and circumstances of the case income of the appellant is assessed Rs.3,000/- per month. So far as interest is concerned, in the matter of Oriental Insurance Co. Ltd. Vs. Mohd. Nasir 2009 (4) SC 589 wherein Hon'ble Apex Court has held that liability to pay the interest commences from the date of application. In the matter of Usha Bai Vs. Yousuf Ali 2010 (I) MPWN 44 wherein this Court has held that the claimants are entitled for interest @ 12% per annum after a month from the date of adjudication under Section 4-A(3)(a) of the Act and prior to it interest is payable @ 7.5% per annum from the date of application. So far as the period from the date of application till adjudication is concerned, claimant is entitled for interest @ 7.5% per annum.