ANISH Vs. NASRUDIN KURESHI

JUDGEMENT

(1.) THIS claimant's appeal is directed against the judgment dated May 31st, 2010 passed by Commissioner under Workmen's Compensation Act, 1923, Mewat (for short 'the Commissioner'), whereby, he allowed compensation to the tune of Rs. 81,497/ - to be paid within thirty days of passing of the judgment, against respondents Nasrudin Kureshi and the Oriental Insurance Company, owner and insurer, respectively, of offending Canter No. RJ -14/GA - 3024 (for short 'the offending vehicle'). It was also ordered that in case the amount is not so deposited, rate of interest at the rate of Rs. 12% per annum from the date of judgment shall also be paid on the amount awarded. The judgment passed by the Commissioner has been assailed only on the short point of grant of interest. It is contended by counsel for the appellant that interest should have been paid with effect from 'thirty days after the suffering of injuries' and not with effect 'from the date of adjudication'. In support of this contention, reliance has been placed upon the judgment of the Hon'ble Supreme Court in Pratap Narain Singh Deo versus Srinivas Sabata and Another, (1976) 2 SCC 289 and judgment of this Court in New India Assurance Company Limited versus Manphool Singh and others : 2009 ACJ 458.

(2.) ON the other hand, learned counsel for the Insurance Company has urged that the Commissioner awarded the interest correctly as it was to be paid from the date of adjudication of the claim. Reliance has been placed upon judgment of Hon'ble Supreme Court in Kamla Chaturvedi versus National Insurance Company and others, 2009 (1) ACC 60 (SC).

(3.) IN Kerala State Electricity Board and another versus Valsala K. and another etc. etc. : AIR 1999 SC 3502, a Three -Judges Bench of the Hon'ble Supreme Court after relying upon the judgment of Pratap Narain Singh Deo's case (supra) held as under: -