THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY C.M.A.No.1553 of 2003 JUDGMENT: This appeal under Section 30 of the Workmen’s Compensation Act (for short ‘the Act’) is filed against the order, dated 28.11.2002, passed by the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour, Nalgonda (for short ‘the Commissioner’) in W.C. Case No.89 of 1997. Respondent No.1 herein filed the case claiming compensation of Rs.2,00,000/- on account of the death of Sri Ramakrishna Rao, husband of respondent No.1 and father of respondent No.2. It was pleaded that Ramakrishna Rao was employed as driver by respondent No.3 to work upon a lorry bearing No. AP 13 T 818, insured with the appellant and that on 08.06.1996, an accident occurred on account of the lorry ramping into a parked tourist bus bearing No. AP 7T 2889 at Nakrekal on National Highway No.9. Ramakrishna Rao is said to have died due to the injuries received therein. It was pleaded that he was drawing salary of Rs.2,500/- per month and that he was aged 25 years at the time of his death. Crime No.101 of 1996 is said to have been registered under Section 304 I.P.C. Respondent No.3 remained ex parte. The appellant alone contested the case. It was pleaded that respondent No.1 has already instituted proceedings under the Act before another authority and that a second application is not maintainable. The facts pertaining to the age and wages of the deceased were also disputed. The Commissioner awarded a sum of Rs.2,16,910/- by applying the relevant factors. The same is challenged in this appeal. Heard the learned Standing Counsel for the appellant and the learned counsel for respondent Nos.1 and 2. The fact that the driver of lorry bearing No. AP 13 T 818 died in an accident is evident from Ex.A1, First Information Report in Crime No.101 of 1996; Ex.A2 postmortem examination report; Ex.A3 MVI report; Ex.A4 inquest report; Ex.A5 scene of offence report and Ex.A6 final report. There is no dispute that the deceased was employed with respondent No.3 and there existed an insurance coverage by the appellant. Ex.B1 is the copy of the insurance policy. The oral evidence comprises of the deposition of respondent No.1. Two grounds are urged in this appeal. The first is that though two cases were instituted by respondent No.1, the Commissioner passed the order in W.C. Case No.89 of 1997 without observing as to what happened to the other claim. The second ground is about the award of interest. It is true that before instituting W.C. Case No.89 of 1997, respondent No.1 approached the Commissioner having jurisdiction in Ranga Reddy District. However, the case so presented was transferred to the Commissioner, Nalgonda. The claim in W.C. Case No.89 of 1997 could have been barred if only compensation was awarded earlier. The Commissioner could have clubbed both the cases. However, it appears that the order was passed by the Commissioner, Nalgonda in W.C. Case No.89 of 1997, and the other case which was transferred to him from Ranga Reddy District was kept aside. Therefore, no prejudice can be said to have been caused to the appellant. This much, however, can be said that even if any order is passed in relation to the claim made by respondent Nos.1 and 2, that would become untenable. The second ground is about the interest. The Commissioner awarded interest from the date of accident. In National Insurance Company Limited Vs. Raheema Begum[1], this Court has taken the view that interest under the Act can be awarded from the date of expiry of one month from the date of order. I n Oriental Insurance Co. Ltd. Vs. Mohd Nasir[2], the Hon’ble Supreme Court has taken the view that the interest at the rate of 7.5% is awarded from the date of presentation of the petition. Following the same, it is directed that the amount awarded by the Commissioner in this case shall carry interest at the rate of 7.5% from the date of presentation of the petition. The appeal is partly allowed to the extent indicated above. There shall be no order as to costs. ______________________ L.NARASIMHA REDDY,J Dt:13.12.2011 kdl [1] 2007 ACJ 2481 [2] 2009 ACJ 2742