1 fa1027.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.1027 OF 2010 The New India Assurance Company Limited ...Appellant vs. Ravindrakumar Barsati Yadav & Anr. ...Respondents Ms Poonam Mittal for the appellant Mr.T.J.Mendon for the respondent no.1 CORAM :A.S.OKA,J. DATE : OCTOBER 14, 2010 P.C. 1 Heard the learned counsel for the appellant. This is an appeal under section 30 of the Workmen s Compensation Act,1923. The only challenge by the appellant-insurer is to that part of the impugned Order by which interest was made payable by the Appellant at the rate of 12% p.a after one month of the date of accident till realisation of the entire amount. The submission of the learned counsel for the appellant is that interest could have been awarded only from the date on which adjudication was made and therefore, interest could not have been made payable prior to 11th May 2009. 2 I have considered the submissions. In the case of Muley Brothers Pvt.Ltd. And another vs. Samindarabai Karbhari Dandge and others (2009 1 CLR 86), this Court held that the Commissioner after considering the facts of a particular case can direct payment of interest from the date prior to the date of adjudication made by the 2 fa1027.sxw learned Commissioner on claim petition under section 22 of the Workmen s Compensation Act,1923. This Court held that the exercise of the said power depends on facts of the case. 3 In the present case, there was never a dispute about the liability of the Appellant to pay compensation. The learned Commissioner observed that it was incumbent upon the insurance company to deposit the compensation amount to the extent of 80% by way of provisional payment. However, the payment of compensation was not made. Another finding of fact recorded is that the appellant insurer was aware about the accident as a demand notice was served by the respondent to the appellant and the delay in making the payment of compensation was not explained. Hence, no question of law arises in this appeal. There is no merit in the appeal and the same is dismissed with no order as to costs. JUDGE