- (1.) Jog Raj, aged 38 years, a driver by occupation, on truck bearing No. HR-58-A-08808, drawing salary of Rs. 4000/- per month suffered injuries on November 04, 2009 while on the steering wheel of the truck. He was rendered disabled to the extent of 80% on account of amputation of his left leg. He filed claim application under Section 22 of the Workmen's Compensation Act, 1923 (for short "the Act). The Commissioner under the Act awarded an amount of Rs. 4,87,644/- to him along with interest at the rate of 8% per annum from December 04, 2009 (30 days after the accident) till the actual realisation. The Insurance Company was given two months time to make the payment.
(2.) Against the judgment of the Commissioner, the Insurance Company is in appeal before this Court raising the sole plea that the interest has been wrongly awarded from December 04, 2009, whereas, it should have been awarded from the date of passing of judgment.
(3.) The point at issue is not res-integra. In Sh. Anish vs. Nasrudin Kureshi and another FAO No. 2509 of 2011 decided on January 16th, 2012, this Court after relying upon judgments of the Hon'ble Supreme Court in (i) Pratap Narain Singh Deo vs. Srinivas Sabata and Another,1976 2 SCC 289 (ii) Kerala State Electricity Board and another vs. Valsala K. and another, 1999 AIR(SC) 3502 and of this Court, (iii) New India Assurance Company Limited vs. Manphool Singh and others, 2009 ACJ 458 held as under: (i) The relevant date for determining the rights and liabilities of the parties is the date of accident. (ii) The compensation becomes due from the date of accident and not from the date of order of adjudication by the Commissioner, and (iii) The employer has been given thirty days' cushion and interest shall start running and liable to be paid after thirty days of the accident.;