THE HON'BLE SRI JUSTICE GHULAM MOHAMMED C.M.A. No.877 of 2005 ORDER: This appeal by the insurance company is directed against the judgment dated 06.07.2005 passed by the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour, Ongole, in W.C.No.27 of 2004, whereby the application of respondent Nos.1 to 7 herein was allowed by awarding a compensation of Rs.3,57,652/-. Brief facts of the case are that one Kambam Ankaiah was working a driver on lorry bearing No.AP 27 U 4189 belonging to respondent No.8 herein and insured with the appellant. On 04.08.2004, the said Ankaiah went to Kamalapur on duty and unloaded the eucalyptus stems in A.P.R. factory at about 11.00 p.m. and was returning to Ongole. On the way at Gampanigudem, when he stopped the lorry and got down to attend the nature calls, the cleaner of the lorry – G. Nageswara Rao got down and stabbed him on the stomach near naval hole with a knife and ran away. Ankaiah tied cloth around his stomach and drove back the lorry with the help of hoteliers nearby and jointed in a private hospital and after getting first aid he was admitted in MGM Hospital, Warangal, where surgery was conducted on him. Ankaiah took his last breath on 06.08.2004 at about 5.00 p.m. Therefore, the legal representatives of the deceased named above filed the application before the Commissioner claiming a compensation of Rs.4,00,000/- for the death of the deceased. To prove their claim, the applicants examined A.W.1 and marked Exs.A-1 to A-5 i.e., F.I.R in Crime No.84 of 2004, inquest report, postmortem report, driving licence and insurance policy. The insurance company examined R.W.1 and marked Ex.R-1 insurance policy. The Commissioner, after considering the facts and circumstances of the case and the evidence on record, observed that the driver refused to give money to the cleaner with the intention that the cleaner will consume alcohol and will not be able to perform his duties properly, but that refusal to give money resulted in cleaner stabbing the driver. Therefore, the Commissioner came to the conclusion that the death of the driver was out of his employment due to accident. Though the applicants pleaded that the deceased was earning Rs.4,000/- per month, the Commissioner, taking into account G.O.Ms.No.30 dated 27.07.2000, whereby minimum wages were fixed by the Government of Andhra Pradesh, arrived at Rs.3,773.50 per month towards wages of the deceased. Since the deceased was aged 38 years, the Commissioner, as per Schedule IV of the Workmen’s Compensation Act, 1923, has taken the relevant factor ‘189.56’ for the purpose of calculating the compensation. Accordingly, the Commissioner arrived at Rs.3,57,652/- towards compensation payable to the dependents of the deceased workman. A perusal of the judgment of the Commissioner shows that the Commissioner considered all the aspects in a detailed and proper manner. Therefore, I do not see any infirmity in the judgment of the Commissioner while awarding compensation as referred to above. However, as rightly pointed out by the learned counsel for the respondents/applicants, in view of the catena of decisions of the Apex Court and this Court, the compensation shall carry interest at 7.5% per annum from the application before the Commissioner till the date of judgment of the Commissioner and thereafter at 12% per annum till realization. Accordingly, the C.M.A. is dismissed confirming the judgment of the Commissioner. Further, the compensation arrived at by the Commissioner shall carry interest at 7.5% per annum from the date of the application before the Commissioner till the date of the judgment of the Commissioner and thereafter at 12% per annum till realization. _______________________ GHULAM MOHAMMED, J 29th July, 2010 GHN