- (1.) This appeal by the appellant-insurer is directed against the common judgment and award dated 15.03.2011 insofar relating to Claim Case No.51/2009, whereby the Workmen's Compensation Commissioner, Udaipur has awarded compensation in the sum of Rs.3,94,120/- together with interest at the rate of 12% per annum from 20.02.2009 for the loss suffered by the legal representatives of the victim Mangilal who died on 20.01.2009 for the injuries sustained in the accident.
(2.) Essentially, the question sought to be raised in this appeal has been concerning the direction for payment of interest in the award impugned but the learned counsel for the appellant has frankly pointed out at the outset that the other appeal filed in relation to common award dated 15.03.2011 has been considered and dismissed by this Court; and has placed for perusal the order dated 26.08.2011 as passed by this Court in S.B.C.M.A. No.1943/2011. While finding the directions for payment of interest in the impugned judgment and award dated 15.03.2011 being in conformity with the binding law declared by the Constitution Bench of the Hon'ble Apex Court, a co-ordinate Bench of this Court has dismissed the said appeal with the following:- "Heard learned counsel for the appellant at the admission stage. Counsel for the appellant has preferred this appeal against the award passed by the learned Commissioner, Workmen's Compensation, Udaipur dated 15.03.2011 by which the learned Commissioner allowed Claim No. 2 WC/F.(D)-59/2009 filed by respondent Narain Lal and and Dhani Bai.
(3.) Counsel for the appellant contended that the learned Commissioner, Workmen's Compensation, Udaipur has wrongly awarded the amount at the rate of 12% per annum from 22.02.2009. Counsel for the appellant further contended that while filing the memo of appeal, he relied on the judgment of Hon'ble apex court in National Insurance Company Ltd. vs. Mubasir Ahmed & Anr., 2007 2 SCC 349. This judgment was passed by the Division Bench of the Hon'ble apex court where as there is an earlier judgment of the Full Bench of the apex court passed in Pratap Narain Singh Deo vs. Shrinivas Sabata & Anr, 1976 AIR(SC) 222] which has been relied on by the coordinate Bench while deciding SB Civil Misc. Appeal No.1308/2011 National Insurance Company Ltd. Vs . Smt.Udi Bai & Ors. decided on 11.07.2011 in which the full Bench judgment of the Hon'ble apex court was relied upon in which it has been held that it is the date of the accident which is the relevant date giving rise to the cause of action, on which date compensation falls due and the date of adjudication is a fortuitous circumstance depending upon litigatory process and same cannot deprive the claim of the interest which is the part of the compensation which falls due on the date of accident itself. The coordinate Bench further held that in Mubasir Ahmed 's case (supra) rendered by the two Judges Bench of the apex court , obviously did not consider the judgment of the Constitutional Bench of the apex court. Therefore, the judgment passed in National Insurance Company Ltd. vs. Mubasir Ahmed' s case (supra) has to be held to be per in curium to that extent.;