- (1.) Heard learned counsel for the appellant at the admission stage.
(2.) 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. WC/F.(D)- 59/2009 filed by respondent Narain Lal and and Dhani Bai. 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.
(3.) In the present case also the learned Commissioner, Workmen's Compensation, Udiapur alloted the interest from 22.02.2009 i.e. one month after the date of the accident dated 20.01.2009.;