Mr.Karrolla Pentiah vs Mr.T.Surender Reddy Anr
2021 Latest Caselaw 1545 Tel

     THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM

                     C.M.A. No. 2561 OF 2004

J U D G M E N T:

This Appeal is against the order dated 07.01.2004 in W.C.

No. 127 of 1999 NF on the file of the Commissioner for Workmen's

Compensation and Assistant Commissioner of Labour at

Nizamabad.

Heard learned counsel for the appellant - applicant and

learned Standing Counsel for the respondent - Insurance

Company.

The facts are not in dispute. The applicant - driver during

the course of employment as labourer on tractor bearing

Registration No. AP 25 T 4170 and trailer bearing Registration No.

AP 25 T 4171, received injuries in the accident occurred on

08.06.1997. The Commissioner after analysing the evidence and

the documents placed before him, granted Rs.96,768/- as

compensation to be paid within 30 days from the date of receipt of

a copy of that order. He took disability and loss of earning

capacity at 40% for the purpose of computing the compensation.

Learned counsel for the appellant challenges the order

under Appeal on two grounds; firstly, the Commissioner is not

right in granting compensation taking loss of earning capacity as

40% when the appellant is unable to do the same work which he

was doing before the accident; and secondly, the appellant is

entitled for interest on the compensation granted.

The learned Standing Counsel for the Insurance Company

fairly submits that interest may be granted to the applicant.

In view of the fair submission and also in view of the

judgment of the Supreme Court in The Oriental Insurance

Company Ltd. V. Siby George1, wherein interest was directed to

be paid from one month of the date of accident, the applicant is

directed to be paid the compensation amount of Rs.96,768/- with

interest at 12% per annum from one month from the date of

accident till realisation.

Subject to the above, the Civil Miscellaneous Appeal is

allowed in part. No costs.

Miscellaneous Petitions, if any stand closed.

----------------------------------- CHALLA KODANDA RAM, J

03rd June 2021

ksld

2012 ACJ 2126