AJAY Vs. BALWAN SINGH

JUDGEMENT

(1.) This appeal is directed against order dated 22.9.2009 passed by the Commissioner, Hisar Circle, under the Workmen Compensation Act, 1923 (for short, 'the Act') by which National Insurance Company has been directed to pay compensation to the claimants to the tune of Rs. 40,088/- and the appellant is directed to pay interest @ 12% per annum on the said amount from the date of accident i.e.27.12.2002 to the date of order i.e. 22.9.2009 amounting to Rs. 32,404/- with a further direction that in case, no payment is made, then to pay simple interest @12% per annum from the date of order till its realization.

(2.) The appellant is aggrieved only against the award of interest.

(3.) Facts of the case are that applicant/respondent No. 1 was employed as a Cleaner on truck No. HR-46-A-/6251 by the appellant. His salary was fixed at 1000/- per month with Rs. 50/- as daily out of pocket expenses. The applicant/respondent No. 1 was drawing salary to the tune of Rs. 2000/- per month. The said truck met with an accident on 27.12.2002 at 10.30 p.m. in which applicant/respondent No. 1 suffered injuries for which he filed a claim petition before the Commissioner under the Act, asking an amount of Rs. 3,00,000/- as compensation along-with interest.