BENUDHAR JENA Vs. SUJATA SAHOO

JUDGEMENT

(1.) The present appeal has been directed against the judgment dated 28.04.2009 passed by the Commissioner for Workmen's Compensation-cum-Deputy Labour Commissioner, Cuttack (for short, "Commissioner") in W.C. Case No.293-D/2003.

(2.) Appellant's case before the Commissioner was that on 22.09.2003 at about 5.30 AM while the appellant was discharging his duties as a Helper in a Truck bearing Registration No.OR-02-Q-8597 on N.H.5 near Bandal Dhaba another Truck being driven in a rash and negligent manner came in very high speed and dashed the Truck in which the appellant was working. As a result of such accident, the appellant-workman sustained grievous injuries and was shifted to S.C.B. Medical College and Hospital, Cuttack for treatment. The appellant had fracture of his left leg and left hand and multiple injuries all over his body. Despite the treatment he was not cured and he lost his earning capacity to the extent of hundred percent.

(3.) Though the appellant challenged the impugned judgment of the Commissioner seeking two reliefs, i.e., (i) for enhancement of compensation and (ii) for payment of interest from the date of accident, Dr.T.C.Mohanty, learned Senior Advocate appearing for the appellant did not want to press the first relief and confined his argument to the second relief only. Dr.Mohanty vehemently argued that the learned Commissioner erred in not awarding interest at the rate of 12% per annum from the date of accident till the date of its realization as provided in the Workmen's Compensation Act. It was submitted that the Commissioner is not justified in directing payment of interest at the rate of 12% per annum with effect from date of filing of claim case till the date of deposit in case of failure on the part of opposite party No.2 to deposit the amount of compensation of Rs.2,20,158/- within thirty days from the date of pronouncement of the judgment.