AO No. 1 of 2005 Hon’ble Tarun Agarwala, J. The respondents have been served by publication. No one appears on their behalf. Heard Mr. D.S. Patni, the learned counsel for the appellant. The present appeal has been filed u/S 30 of the Workmen Compensation Act, 1923 whereby the Commissioner, Workmen Compensation has awarded compensation amounting to Rs.1,67,816/- to the heirs of the deceased plus interest amounting to Rs.28,467/- calculating @ 12% per annum. The appellant, being aggrieved by the said award, has filed the present appeal. The only contention raised by the learned counsel for the appellant is that the rate of interest @ 12% awarded by the Commissioner was wholly excessive. In support of his submission, the learned counsel for the appellant placed reliance upon the provision of Section 4A (3) of the Act which provides that interest is payable only after the amount is ascertained and it falls due. Upon hearing the learned counsel for the appellant, the Court is of the opinion that the provision of Section 4A (3) of the Act is not applicable to the present facts and circumstance of the case. Interest has not been awarded under this provision. In Oriental Insurance Company Limited Vs. Mohd. Nasir and another, (2009) 6 SCC 280, the Supreme Court held that the Workmen Compensation Act does not prohibit grant of interest at a reasonable rate from the date of the filing of the claim petition till the order is passed. The Supreme Court further held that once the provision of Section 4A (3) of the Act is attracted, a higher rate of interest would become payable, namely, @ 12% per annum. In the light of the aforesaid, it is clear that the Commissioner was competent to pass an order granting interest. The interest awarded @ 12% is excessive and becomes penal in nature which was not justified. In the light of the aforesaid, the appeal is partly allowed. The rate of interest awarded @ 12% percent is reduced to 6%. (Tarun Agarwala, J.) Dated 20.12.2011 Shiv