THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No. 1051 of 2011 JUDGMENT: 1. This Civil Miscellaneous Appeal is preferred by the appellant/insurance company challenging the order dated 30.04.2009 in W.C. No.431/03 (File No.B/1105/03) passed by the Commissioner for Workmen’s Compensation-cum-Deputy Commissioner of Labour, Nizamabad. 2. Heard both sides. 3. The only contention of the learned counsel for the appellant is that grant of interest @ 12% per annum by the Commissioner is highly excessive and usurious, and therefore, he prays to reduce the rate of interest from 12% to 6% per annum from the date of application till the date of award. 4. Learned counsel for the respondents 1 to 5/applicants fairly conceded for reduction of interest from 12% per annum to 6% per annum on the award amount from the date of application till the date of award. 5. The learned Commissioner for Workmen’s Compensation awarded compensation of Rs.3,60,845/- to the respondents 1 to 5/ applicants granting interest @ 12% per annum on the compensation amount from the date of accident till the date of actual realization. The quantum of compensation is not in dispute. The only dispute is with regard to rate of interest granted by the learned Commissioner on the compensation amount. 6. Grant of interest during pendency of the Workmen’s Compensation Case is within the discretion of the learned Commissioner. But, the discretion has to be exercised judiciously. The Workmen’s Compensation Act, 1923 does not provide for grant of interest during pendency of the claim proceedings. Section 34 of the Code of Civil Procedure, 1908 gives discretionary power to the Court to award interest. So, reasonable interest can be granted from the date of application till the date of award. 7. Therefore, the compensation granted in the order impugned is confirmed granting simple interest @ 6% per annum from the date of the claim application till the date of award. It is stated by the learned counsel for the appellant that the entire compensation amount together with interest @ 12% per annum was deposited. In such a case, the appellant is entitled to refund of the amount deposited towards interest over and above 6% per annum from the date of application till the date of award. However, the respondents 1 to 5/ applicants are entitled to interest @ 12% per annum if the compensation amount had not been deposited within one month from the date of the Order. 8. The Civil Miscellaneous Appeal is partly allowed. No costs. --------------------- (K.C.Bhanu, J.) 27.09.2011 DRK THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No. 1051 of 2011 Date: 27.09.2011 Between: United India Insurance Co. Ltd. …Appellant And K.Indira & others …Respondents THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No. 1051 of 2011 27.09.2011