HIGH COURT OF CHHATT1SGARH AT BILASPUR Appellants/ Claimants Respondents Non-apDlJcant MA ('C) No. 702 OF 2008 1. Ghasiya Ram Banjare S/o Dhani Ram, aged about 56 years R/o village Dumurdih, (Utai), Tah. & Distt. Durg (CG). 2. Durga Bal W/o Ghasiya Ram Banjare aged about 52 years, R/o Vill. Dumurdih (Utai), Tah. & Distt. Durg (CG). Versus 1. Prabhat Shanker Agrawal,S/o late KG Agrawal, age about 55, R/o 39/4 Moti Lal Nehru Nagar, Bhilai, Distt. Durg (CG). 2.The Nationai Insurance Co. Ltd., Through Branch Manager, Branch Office Gill Complex Near Gurudwara Station Road; Durg (CG). Divisional Manager, Division Office Akash Ganga Parisar Supela Bhilai Distt. Durg (CG). APPEAL UNDER SECT10N 30 OF THE WORKMEN'S COMPENSATION ACT. (SB: Hon'ble Mr. N.K. Aaarwal. J.) Present : ShriJSPChandrasen,Advocateforappellants. Shri Qamrul Aziz with Shri GVK Rao, Advocates for respondent No. 2. ORAL ORDER (Passed on 8th day of April, 2010) This is claimant's appeal seeking enhancement of compensation in the award dated 09.01.2008, passed by the Commissioner for Workmen's Compensation, Labour Court, Durg, in case No. 8/06/WC Act/Fatal. The brief facts ofthe case are as under: i. On 26.09.2005, Santram (since deceased) who was working as a Labour in the Truck bearing registration No. CG-07-ZC-3905 under the employment of respondent No. 1, died of the accident arise out of and during the course of empioyment. f ^y ii. The fact of accident was known to the employer since inception. iii. The Commissioner for Workmen's Compensation, on a close scrutiny of evidence led, material placed and submissions made, awarded Rs. 1,45.600/- as compensation in favour of the claimants holding respondents liable for its payment. iv. The insurance company has already deposited the entire amount of compensation with the Tribunal on 05.02.2008. 3. Shri JSP Chandrasen, learned counsel appearing for the appellants would submit that it was incumbent upon the Commissioner to award interest in terms of Section 4A(3)(a) of the Workmen's Compensation Act, 1923 (for short 'the Act'), and appeai deserve to be allowed on this count. 4. On the other hand, Shri GVK Rao, learned counsel appearing for the respondent No. 2 supported the order and submitted that in the facts and circumstances of the case, the Tribunal has not erred in not awarding interest. 5. I have heard the counsel appearing for the parties, perused the award impugned and records of court below. 6. As per Section 4A(3)(a) of the Act, where any employer is in default in paying the compensation due under this Act within 'one month from the date it fell due, the Commissioner shail- direct that the employer shall, in addition to the amount of the arrears, pay simple interest thereon at the rate of twelve percent per annum or at such higher rate not exceeding the maximum of the lending rates of any schedute bank as may be specified ^^^T^ ,,^'..-3sA /\/'s!tf%. "'°%, ! t &,:.^ s Sahu ^ by the Central Government, by notification in the Official Gazette, on the amount due. 7. Here in the instance case, the fact of accident was within the knowledge of the employer on the date of accident, and therefore, the employer ought to have deposited the amount of compensation within one month from the date of accident which he has not deposited. 8. In view of above and looking to the mandatory nature of provisions contained in Section 4A(3)(a) of the Act, the Commissioner ought to have granted 12 percent interest per annum from the date of application on the amount awarded. 9. Accordingly, the appeal is allowed in part. Apart from amount awarded by the Commissioner, the appellants are also entitled for the interest @ 12 percent per annum from the date of application i.e. 16.01.2006till 05.02.2008 when the amount has been paid by the insurance company. 10. The insurance company is granted three month's time to deposit the above interest amount. 11. No order asto costs. Sd/- N. K. Agarwal Judge