HON’BLE SRI JUSTICE V.SURI APPA RAO Civil Miscellaneous Appeal No.1492 of 2003 Date: 20-12-2010 Between Sri M.Gopinath … Appellants/Applicant and Sri P.Narayana Rao and another … Respondents/Opposite Parties HON’BLE SRI JUSTICE V.SURI APPA RAO Civil Miscellaneous Appeal No.1492 of 2003 Judgment: This appeal is filed under Section 30 of the Workmen’s Compensation Act, 1923 (for short ‘the W.C. Act’) against the order dated 15-12-1998 in W.C.No.1 of 1998 passed by the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour, I Circle, Visakhapatnam. 2. The relevant facts leading to this appeal are: The appellant worked as driver of lorry bearing No.AP31U-0288 belonging to the 1st respondent and insured with the 2nd respondent- Insurance Company. During the course of employment, he received injuries in the accident. Therefore, he filed petition under Section 22 of the W.C. Act claiming compensation of Rs.2,11,790/- 3. The 1st respondent-owner of the lorry has admitted in the counter that the appellant was the driver of the lorry and he was paying Rs.2,150/- per month towards salary and Rs.50/- per day towards batta. 4. The 2nd respondent-insurer of the lorry denied the accident and the injuries said to have been received by the appellant. 5. Considering the oral and documentary evidence adduced by both the parties, the Commissioner awarded compensation of Rs.2,54,148/-. However, the order is silent about the payment of interest on the amount awarded to the appellant. 6. Aggrieved by the order of the Commissioner for not awarding interest, the appellant filed this appeal. 7. Learned counsel for the appellant submitted that the Commissioner ought to have granted interest at 12% per annum from the date of the accident till the date of realization. 8. Admittedly, the Commissioner has not awarded any interest. The apex Court in ORIENTAL INSURANCE CO. LTD. v. MOHD. NASIR[1] held at para 47 thus: “The second question which arises for consideration is with regard to the payment of interest. There cannot be any doubt whatsoever that interest would be from the date of default and not from the date of award of compensation.” 9. The apex Court awarded interest at 7½% per annum from the date of filing of the application till the date of award and in the event of default in making payment within the prescribed time limited, interest is payable in terms of Section 4-A(3) of the W.C. Act and the compensation amount from the date of expiration of one month from the date of order passed by the Commissioner. The respondents 1 and 2 are, therefore, held jointly and severally liable to pay interest, as stated above. 10. Following the judgment of the apex Court in MOHD. NASIR’s case (supra), the appellant is, therefore, entitled to claim interest at 7½% per annum from the date of filing of the claim petition till the date of order and thereafter, at 12% per annum till realization. 11. The civil miscellaneous appeal is allowed accordingly. ___________________________ JUSTICE V.SURI APPA RAO 20th December, 2010. Ak HON’BLE SRI JUSTICE V.SURI APPA RAO Civil Miscellaneous Appeal No.1492 of 2003 20th December, 2010. [1] (2009) 6 SCC 280