THE HON'BLE SRI JUSTICE C.V.RAMULU CMA No.2668 of 2001 JUDGMENT: This appeal under Section 30 of the Workmen Compensation Act, 1923 is directed against the order dated 22.09.2001 made in M.P.No.1/2001 in W.C.No.6/2000 on the file of the learned Commissioner Workmen’s Compensation and Assistant Commissioner of Labour, Hyderabad – II. It appears the respondent herein filed the above W.C. claiming compensation on the ground that while he was working as a driver in A.P.S.R.T.C Bus Depot, Medak, he met with an accident on 12.09.1994 and sustained grievous injuries, as a result of which, he was declared unfit to hold the post of driver. However, he was provided with alternative employment. Though the accident occurred on 12.09.1994, the respondent filed the above W.C only in the year 2000 i.e., after a period of six years and beyond four years of statutory period. The learned Commissioner Workmen’s Compensation and Assistant Commissioner of Labour, Hyderabad-II by his order dated 11.10.2000 awarded a sum of Rs.75,335/- as compensation for the injuries suffered by the respondent. However, since the amounts awarded by the learned Commissioner Workmen’s Compensation was not deposited by the applicant herein, the respondent filed M.P.No.1/2001 in W.C.No.6 of 2000, wherein notice was served on the appellant herein. After hearing both the parties, the learned Commissioner Workmen’s Compensation by order dated 22.09.2001 directed the appellant herein to deposit the awarded amount of Rs.75,335/- along with penalty i.e., Rs.37,667/- with interest @12% per annum on the awarded amount from the date of accident by way of DD/cheque in favour of the Commissioner for Workmen’s Compensation and DCL/Hyderabad (Tc) within 30 days from the date of receipt of a copy of that order, failing which recovery proceedings shall be initiated as per law. Aggrieved thereby, the present appeal is filed. Heard both sides. The learned counsel appearing for the respondent supported the order under challenge. The accident occurred on 12.09.1994 and the petition under Workmen's Compensation Act, 1923 was filed in 2000 i.e., after more than six years of the accident and four years beyond the period of limitation allowed for filing the said petition. The appellant is not aggrieved by the compensation fixed at Rs.75,335/- and it is aggrieved by the imposition of penalty of Rs.37,667/- and interest @12% per annum from the date of accident, which comes to Rs.63,582/- as on the date of filing of the appeal. Insofar as the penalty is concerned, it cannot be said that the Commissioner for Workmen’s Compensation has erred in fixing the penalty of 50% of the awarded amount in view of the fact that the responsibility is cast on the appellant to bring to the notice of the authorities concerned as to the accident within seven days and depositing the compensation immediately thereafter. But, such course was not adopted by the appellant. Even after passing of the award in W.C., the appellant has not chosen to deposit the amount. The only excuse on the part of the appellant is that the order dated 11.10.2000 was an ex parte order. In those circumstances, it cannot be said that the Commissioner Workmen’s Compensation has committed an error in imposing the penalty at Rs.37,667/-. Insofar as grant of interest @12% per annum from the date of accident till the date of realization is concerned, it appears to be unreasonable. Admittedly, the respondent has not approached the Commissioner within two years from the date of accident and in fact he approached the Commissioner Workmen’s Compensation after six years. Therefore, I am of the opinion that the respondent is not entitled to interest @ 12% per annum from 12.09.1994, but he is entitled from 12.09.2000. The appeal is accordingly allowed in part holding that the respondent is not entitled to interest @12% per annum from 12.09.1996 till 11.09.2000 and he is entitled to interest from 12.09.2000. There shall be no order as to costs. ____________ C.V.RAMULU, J Date: 19.03.2010 va