THE HON'BLE SRI JUSTICE B.N.RAO NALLA CIVIL MISCELLANEOUS APPEAL No.83 OF 2006 JUDGMENT: This Civil Miscellaneous Appeal has been preferred by the New India Assurance Company Limited – Opposite Party No.2 aggrieved by the order dated 30-07-2005 in W.C. No.5 of 2004 on the file of the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour, Adilabad, whereby an amount of Rs.2,96,403/- along with interest @ 9% per annum from the date after 30 days of the date of the accident till the date of deposit of compensation was awarded as compensation to respondent No.1 – applicant, as against his claim of Rs.4,00,000/-. 2. The case of the applicant - injured before the Commissioner for Workmen’s Compensation is that he worked as driver on the lorry bearing No.AP15-V-6588 belonging to respondent No.2 – Opposite Party No.1 and used to earn Rs.3,000/- per month. However, during the course of his employment, on 03.11.2002 when he was proceeding from Warur to Asifabad driving the lorry bearing No.AP15 V 6588, near the bridge of Bandara Village, at about 5-00 PM, due to ditches on the road, the lorry went out of his control, overturned and fell down on the side of the road, as a result, he sustained grievous injuries i.e., compound fracture of right forearm, an injury above the right eye and one of his organs became defunct permanently. Immediately, he was shifted to Government Hospital and from there he was shifted to Apollo Hospital, Hyderabad, for better treatment. The police of Wankidi Police Station, Adilabad District registered a case in Crime No.31 of 2002 and after the investigation filed charge sheet under Section 338 of the Indian Penal Code (“IPC” for brevity). It is his further case that he got issued legal notice to the appellant and respondent No.2 - opposite parties on 16-01-2004 under registered post and in spite of receipt of the same by them, no compensation was paid to him. Hence, the applicant filed the W.C. before the Commissioner for Workmen’s Compensation seeking a compensation of Rs.4,00,000/- and 50% compensation as penalty and also interest at 18% per annum with costs. 3. Before the Commissioner, respondent No.2 - owner of the lorry involved in the accident, remained ex parte and the appellant alone filed its counter denying all the allegations made by the applicant and also denying its liability for payment of compensation. 4. Based on the pleadings of both sides, the Commissioner framed the following issues for trial: 1. Whether the applicant was a workman, within the meaning of the Workmen’s Compensation Act and whether the accident occurred during the course of employment; 2. What is the correct age, wage and disability of the applicant is to be determined; and 3. If so, what relief the applicant is entitled and who are liable to pay compensation. 5. To prove his case, the applicant got himself examined as PW.1 besides examining the doctor who treated him as PW.2 and got marked Exs.A-1 to A-15. On behalf of the appellant - Insurance Company, no evidence was adduced. 6. Taking the evidence of P.Ws.1 & 2 and also Exs.A-1 to A-15 into consideration, the Commissioner has awarded an amount of Rs.2,96,403/- to the applicant towards compensation with interest at 9% per annum from the date after 30 days of the date of accident till the date of deposit of awarded compensation as against his claim of Rs.4,00,000/-. Aggrieved by the quantum of compensation and granting interest from the date after 30 days of the date of accident instead of from the date after 30 days of the date of award, the appellant preferred this appeal. 7. Heard the learned counsel on either side and perused the material available on record. 8. Now the points that arise for consideration are; (i) Whether the compensation awarded to the applicant by the learned Commissioner is excessive? (ii) Whether awarding interest on the compensation from the date after 30 days of date of accident till the date of deposit of the awarded compensation is exorbitant? POINT Nos.1 & 2: 9. It is to be seen that since no witness was examined on behalf of the appellant before the Commissioner and even the applicant – PW.1 was not cross-examined to prove that there was rash and negligent driving on the part of the applicant, the Commissioner, considering the material on record, held that the accident occurred during the course of employment and accordingly answered that issue in favour of the applicant. Even before this Court also, though the learned counsel for the appellant denied the accident in question and also the relationship of employee and employer i.e., driver and owner of the lorry between the appellant and the applicant respectively, no contradicting material and rebuttal documentary evidence was placed on record to prove the same, as such, no different view can be taken, and therefore, the finding of the Commissioner became final on that issue. Hence, the applicant is entitled to compensation and respondent No.2, who is employer of the applicant and also owner of the lorry involved in the accident, and the appellant, which is insurer of the offending lorry, are jointly and severally liable for payment of the same. 10. Coming to the question of compensation, as per Ex.A-15, driving licence of the applicant, the learned Commissioner has determined the age of the applicant as 31 years as on the date of the accident and as per Ex.A-9 disability certificate issued by the Chairman, Regional Medical Board for Physically Handicapped, Warangal, the disability suffered by him was determined as 70%. Further, though the applicant claimed that he was earning Rs.3,000/- per month as salary apart from Rs.100/- per day as batta, the learned Commissioner taking the minimum wages, fixed his monthly income at Rs.3,427/- to which salary he is eligible per month. Accordingly, applying the method of workmen’s compensation viz., “60% of monthly wages x relevant age factor x loss of earning capacity i.e. ([Rs.3,427/- x 60% = Rs.2,056/-] Rs.2,056/- x 205.95 x 70%)”, awarded a total compensation of Rs.2,96,403/- with interest at 9% per annum from the date after 30 days of the date of accident till the date of deposit of the awarded compensation. Thus, the Commissioner did not commit any error in arriving at the just compensation. 11. However, now stress of the appellant is only on awarding interest from the date after 30 days of the date of accident till the date of awarded compensation. Therefore, there is no dispute about the total compensation of Rs.2,96,403/- awarded by the Commissioner to the applicant, as such, there is no need to decide that point. Learned counsel for the appellant – insurance company contends that instead of awarding interest from the date after 30 days of the date of award till the date of deposit of awarded compensation, the Commissioner erroneously awarded the interest from the date after 30 days of the date of accident till the date of deposit of awarded compensation. Having regard to the facts and circumstances of the case and the recent decisions of the Apex Court, it is ordered that the interest on the compensation shall be calculated at the rate awarded by the Commissioner from the date after 30 days of the date of award till deposit of the awarded compensation. It is also considered that the other findings of the Commissioner do not warrant any interference from this Court as they appear to be well considered having regard to the facts and circumstances of the case. Both the points are accordingly answered. 12. Accordingly, the Civil Miscellaneous Appeal is disposed of. No costs. _______________ B.N. RAO NALLA, J July 25, 2011. RRB