THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Civil Miscellaneous Appeal No.1306 of 2003 JUDGMENT: The appellant is running a sawmill at Pithapuram. The 1st respondent was engaged as a Cutter. In the course of employment, the thumb of the right hand of the 1st respondent was cut. He filed W.C.No.66 of 1992 before the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour, Kakinada, East Godavari District (for short ‘the Commissioner’), claiming compensation. Through order dated 16.06.2001, the Commissioner determined the compensation payable to the 1st respondent as Rs.13,340/-. However, on the ground that the incident occurred in 1991, and for a period of 10 years during which the W.C. was pending, the 1st respondent did not have any benefit; he awarded a sum of Rs.14,407/-, being the interest at 12% per annum. The appellant feels aggrieved, mostly about the component of interest. Heard learned counsel for the appellant and learned counsel for the respondents. The short question that arises for consideration is as to whether the Commissioner was justified in awarding interest at 12% per annum, from the date of accident, though the obligation for an employer to pay compensation arises, from the date of order. Since a finding is recorded by the Commissioner to the effect that there was no justification for non-payment of the amount till it is determined under the Workmen’s Compensation Act, interest cannot be awarded from any period anterior to the date of order. At the most, it can be awarded for the period subsequent to the expiry of one month, from the date of order. Hence, the C.M.A. is partly allowed, setting aside the award of Rs.14,407/-, as interest, for the period anterior to the date of order. However, the 1st respondent shall be entitled to be paid interest at 9% per annum, for the period after expiry of one month from the date of order, till the date of deposit. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY, J Dt:05.12.2011 GJ