MOHD AZAM Vs. MOHD RAFEEQ

JUDGEMENT

(1.) There is no dispute with regard to the facts.

(2.) Learned counsel for the appellant submits that grievance of the appellant is only with respect to the interest not being granted from the date of the accident till the date of payment, in the light of the judgment of the Apex Court in Oriental Insurance Company Limited v. Siby George , 2012 12 SCC 540.

(3.) A perusal of the order under appeal discloses that as per the judicial pronouncements prevailing at that point of time, the Commissioner awarded interest @12% from one month after the date of receipt of the order. Though the Commissioner directed the respondents to deposit the compensation within 30 days from the date of receipt of the order, failing which, it should carry interest @12% per annum, the Hon'ble Supreme Court in Siby George (1 supra), while referring to the judgments in Pratap Narain Singh Deo v. Srinivas Sabata , 1976 1 SCC 289 and Kerala State Electricity Board v. Valsala , 1999 AIR(SC) 3502 held that the interest is payable from the date of the accident. Further, this Court in its order dated 04.12.2015 in CMA.No.871 of 2015 held that the appellant/claimant is entitled to interest @12% per annum from the date of accident till the date of realization. However, the liability to pay interest arises only after one month from the date of the accident in view of Section 4-A(3)(a) of the Workmen's Compensation Act, 1923.