M. Nagamaddaiah And Another vs M/S Ennar Transport Ltd, ...
2022 Latest Caselaw 4740 AP

      THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO


                               C.M.A. No.395 OF 2006

JUDGMENT:

The present Civil Miscellaneous Appeal is filed by the

claimants seeking enhancement of the compensation against

award in W.C. No.1 of 2004 dated 31.01.2006 passed by the

Commissioner for Workmen's Compensation and Assistant

Commissioner of Labour, Kurnool, on the ground that the

appellants herein are the dependents on the deceased and the

deceased was died in the accident and they have lost their income.

Hence, the dependants filed claim petition before the

Commissioner.

2. After considering the evidence, the Commissioner awarded

Rs.2,17,235/- (Rupees Two Lakhs Seventeen Thousand Two

Hundred and Thirty Five only) with interest @ 6% per annum from

the date of accident i.e. 22.06.2002 till realization. The

Commissioner further observed that if the compensation not paid

within the stipulated time that the claimants are entitled for

interest @ 18% per annum and penalty that may be imposed under

Section 4-A (3) of the Workmen Compensation Act.

3. As per the record, the Commissioner has taken up minimum

wages in to consideration and awarded and compensation.

However, the Commissioner has awarded interest @ 6% per

annum. This court is inclined to enhance the interest rate from

6% to 9% relying on the judgment of the Hon'ble Supreme Court in

"Pratap Narain Singh Deo Vs. Srinivas Sabata and another"1 and

(1976) 1 Supreme Court Cases 289

the same was following by another judgment in "Oriental Insurance

Company Limited Vs. Siby George and Others"2

5. Hence, the Civil Miscellaneous Appeal is partly allowed and

the insurance company is hereby directed to pay interest within a

period of four weeks from today. No costs.

Miscellaneous petitions pending, if any, stands closed.

_______________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 29-07-2022 Harin

(2012) 12 Supreme Court Cases 540

THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

C.M.A. No. 395 of 2006 Date: 29-07-2022

Harin