HON’BLE SRI JUSTICE R. KANTHA RAO C.M.A.NO.201 OF 2001 Dated: 09.04.2010 BETWEEN: D.Nageshwara Rao and others .. Appellants And M/s Margadarshi Chit Fund Pvt.Ltd and others .. Respondents HON’BLE SRI JUSTICE R. KANTHA RAO C.M.A.NO.201 OF 2001 JUDGMENT: This appeal is filed against the order, dated 17.08.2000 passed by the Commissioner for Workmen Compensation Act, Nalgonda in W.C.No.160 of 1994(F). 2. I have heard the learned counsel appearing for the appellants as well as the learned counsel appearing for the respondent No.2. 3. In the claim petition, the claimants made a claim of Rs.1,00,000/- on account of the death of the deceased Dorepally Srinivasa Rao, who was aged 19 years on the date of accident and the learned Commissioner granted total compensation of Rs.83,921/- and directed to deposit the amount within 30 days from the date of the order. 4. In the claim petition the claimants/applicants mentioned that the deceased by discharging the duties as cleaner of the offending vehicle was getting wages of Rs.1500/- per month besides batta of Rs.10/- per day. However, the learned Commissioner for the purpose of computing compensation took into consideration, the minimum wages of the deceased as the cleaner at Rs.926/- per month and on the said basis, he has computed the compensation. The contention of the appellants/applicants is that in the absence of specific denial by the respondents regarding the wages mentioned in the claim petition, the learned Commissioner should have considered the wages mentioned in the claim petition but committed error in taking the minimum wage as the basis for computing the compensation. 5 Absolutely there is no force in the contention because no evidence was adduced by the appellants in proof of the wages of the deceased except making mere assertion in the claim petition. In the absence of any evidence, the Commissioner is justified in taking into consideration, the minimum wage of the cleaner on the date of accident. Therefore, the said finding of the learned Commissioner needs no interference in this appeal. 6. However, the learned Commissioner having issued a direction to the respondents to deposit the compensation amount within 30 days, committed an error in not awarding interest on the compensation amount in case of failure to deposit the said amount within the stipulated period. Admittedly the deceased being an employee and the insurance company did not deposit the amount within 30 days from the date of the order passed by the learned Commissioner. According to Section 4(A) the appellants/applicants are entitled for interest at the rate of 7.5% per annum from the stipulated date onwards till the date of realization. In this appeal, the interest is granted at the said rate. 7. In the result, the appeal is partly allowed. There shall be no order as to costs. _______________ R.KANTHA RAO,J Dated: 09.04.2010 kvrm