THE HON'BLE Dr. JUSTICE G. RADHA RANI
CIVIL MISCELLANEOUS APPEAL No.1182 of 2005
JUDGMENT:
This appeal is filed against the order dated 18.11.2004 passed by the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Karimnagar (for short 'Commissioner') in W.C. No.8 of 2003. The appellant is the Insurance Company, which was the Opposite Party No.2 while the respondents were the applicants and the insured - Opposite Party No.1.
2. The Commissioner passed the award directing the opposite parties 1 and 2 to deposit an amount of Rs.2,96,272/- with interest at 12% per annum under Section 4-A(3) of the Amendment Act, 30th August, 1995 excluding Advocate's fee. He directed the interest to be calculated after thirty (30) days of accident till the date of deposit of the amount by referring to the citation of Ved Prakash Garg v. Premidevi & Others1 and Nanu v. Ghouse Mohinuddin2.
3. Heard the learned counsel for the appellant.
4. Learned counsel for the appellant contended that the Commissioner failed to apply the rule of law in awarding interest, but during the course of hearing, the learned counsel fairly conceded that the interest was awarded as per the provisions of law and as per the 1 (AIR 1997 SC 385) 2 (2004 (5) ALD 48) 2 judgment of the Hon'ble Apex Court in Oriental Insurance Company v. Siby George3.
5. In view of the said submission of the learned counsel for the appellant and considering the above judgment of the Hon'ble Apex Court and also as the interest is awarded in terms of Section 4-A(3)(a) of the Workmen's Compensation Act, 1923, one month after the date of accident, I do not find any merits in the appeal and hence, it is liable to be dismissed.
6. Accordingly, the appeal is dismissed with costs. Miscellaneous Petitions pending, if any, shall stand closed.
_____________________ Dr. G. RADHA RANI, J Date:22.10.2021 KTL 3 (2012 (12) SCC 540)