IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND ELEVEN HON’BLE SRI JUSTICE G. BHAVANI PRASAD Civil Miscellaneous Appeal No.31 of 2005 Between: Mehirun @ Mehigum Bi .. Appellant AND T. Abubakar and 2 others .. Respondents JUDGMENT: This appeal is directed against the order of the Commissioner for Workmen’s Compensation-cum-Assistant Commissioner of Labour, Adoni, in W.C.No.3 of 1996 dated 12-02- 2001. The appellant is the wife of Anoor Ahmed working as driver of lorry No.AAA/7158, owned by the 1st respondent herein and insured with Oriental Insurance Company Limited, represented by respondents 2 and 3 herein. The husband of the appellant sustained multiple injuries in an accident involving the lorry when he was driving the same in the course of his employment on 3-6- 1995 and died while undergoing treatment at Government Hospital, Kurnool on the same day. Itekala police registered Crime No.17 of 1995 and the appellant claimed her husband to be aged 29 years and to be getting a monthly salary of Rs.1,225/- + D.A. of Rs.625.25/- and claimed the statutory compensation. The owner of the lorry stated about the lorry being insured with the insurer, who has to pay the compensation, when a notice was issued to him by the appellant. The insurer contested before the Commissioner putting the claimant to strict proof of all her allegations. The appellant examined as AW.1 and the owner examined as RW.1 before the Commissioner, reiterated the above facts and Ex.A.1-FIR, Ex.A.2-inquest report, Ex.A.3-driving licence, Ex.A.4- legal notice, Ex.A.5-reply, Exs.A.6 and A.7-postal acknowledgments were marked during the enquiry and the appellant also stated about her liability to maintain her four daughters. The Commissioner in the impugned award noted the ownership of the lorry with the 1st respondent herein, its subsisting insurance with the Oriental Insurance Company Limited, the employment of the deceased Anoor Ahmed on the lorry, the age at 29 years and his wage at Rs.1,225/- + D.A. of Rs.625/-. The death of Anoor Ahmed arising out of and in the course of employment was upheld and the owner and insurer were directed to deposit a compensation of Rs.83,968/- within 30 days. The appellant was aggrieved by not granting the total compensation as per the statute and the Commissioner not taking the statutory minimum wages into account. She was also aggrieved by the non-grant of any interest from the date of accident and hence, she preferred the present appeal on those questions. Sri A. Jaya Shankar Reddy, learned counsel for the appellant and Sri Nisaruddin Ahmed Jeddy, learned standing counsel for the respondents 2 and 3 are heard and the 1st respondent remained unrepresented before this Court also. The primary emphasis of the appellant was on the compensation being not calculated in accordance with the mandatory provisions of the Workmen’s Compensation Act, while the conclusions of fact by the Commissioner about the death of Anoor Ahmed, his employment, his wages, his age and the liability of the owner and insurer of the lorry to be compensated under the statute are not in dispute by either party. The grant of compensation as per the mandatory provisions of the Workmen’s Compensation Act is a matter of statutory right, if the appellant is found entitled to such compensation and when her entitlement to the compensation is not in dispute, the non-grant of the relief as per the statute undoubtedly raises a question of law making this appeal sustainable. For the age of 29 years, the appropriate factor applicable as per Schedule-IV of the Workmen’s Compensation Act, 1923 is 209.92. Such factor should have been applied to 50% of the salary, the salary being Rs.1225/- + D.A. Rs.625/- making a total of Rs.1,850/-. If half of such salary at Rs.925/- were to be multiplied by the relevant factor, the compensation payable comes to Rs.1,94,176/- and the basis for Commissioner to limit it to Rs.83,968/- is not known from the order and no reasons were assigned by the Commissioner for arriving at such a figure. While the compensation should be so enhanced, Sri A. Jayashankar Reddy, learned counsel relied on Section 4 A (3) of the Workmen’s Compensation Act 1923 under which simple interest at 12%p.a. or at such higher rate as specified therein has to be granted under sub-section 3 (a) in the event of default of the employer in paying the compensation within one month from the date it fell due. The learned counsel also referred to the decision of this Court in K. Madhu v. Brij Kishore Pandiya and another[1] wherein a learned Judge of this Court held that payment of interest at the statutory minimum rate of 12% p.a. in terms of the above provision has nothing to do with payment of interest for the pre- adjudication period at a reasonable rate under the beneficial legislation brought out as a social welfare measure. In a similar decision in Shaik Murthuza and another v. Nadella Kutumba Rao and another[2], another learned Judge of this Court also took an identical view concluding that interest is payable from the date of filing of the application for compensation till the date of the award also. Both the learned Judges were following the principle laid down by the Apex Court that the Act does not prohibit grant of interest at a reasonable rate from the date of filing of the claim petition till an order is passed and awarded 7.5% p.a. interest on the compensation from the date of the claim petition. Interest has to be awarded on the compensation to the appellant herein also accordingly adopting the same reasonable rate of interest at 7.5% p.a. up to the date of the award followed by interest payable under Section 4 A (3) (a) of the Act. Therefore, the order dated 12-02-2001 in W.C.No.3 of 1996 on the file of the Commissioner for Workmen’s Compensation- cum-Assistant Commissioner of Labour, Adoni, is modified by granting a compensation of Rs.1,94,176/- to the claimant/applicant along with interest at 7.5%p.a. from the date of filing of the claim petition till the date of this award and in the event of default in making the payment within 30 days from today, interest shall be payable at 12% p.a. on the compensation till payment in terms of Section 4 A (3) (a) of the Workmen’s Compensation Act, 1923. The Civil Miscellaneous Appeal is allowed accordingly without costs. _____________________ G. BHAVANI PRASAD, J Date: 14-10-2011 Ksn [1] 2010 (3) ALD 159 [2] 2011 (4) ALD 561