SAMIR DAS Vs. KANU RAM DAS AND OTHERS

JUDGEMENT

(1.) Mr. S.K. Deb, learned senior counsel appearing for the appellant submits that the only issue which he wants to raise in the appeal is that the Workmen's Compensation Commissioner has not awarded interest in accordance with the Act.

(2.) The learned Commissioner has awarded interest @ 6% per annum from the date of accident with a stipulation that if the awarded amount is not deposited on or before a particular date then it shall carry interest @ 12% per annum.

(3.) Section 4A(3)(a) of the Workmen's Compensation Act the statutory mandate is that the Court has to award simple interest @ 12% per annum on the awarded amount. It has the discretion to award a higher rate of interest which does not exceed the maximum lending rate of any scheduled bank but it cannot award interest at a rate lower than 12% per annum.