- (1.) THE present appeal is filed under Section 30 of the Employee's Compensation Act, 1923 filed by the appellants/non -claimants, challenging the award dated 30/01/2012 passed by the Commissioner, Employee's Compensation, Alwar in Claim No.WCA/F/7/2001, whereby the Commissioner has awarded Rs.2,16,910/ - with interest @ 12% per annum from the date of the accident i.e. 17/2/2000, by way of compensation for the death of Shri Sanjay Singh, husband of the respondent No.1, and father of the respondent Nos.2, 3 and 4.
(2.) THOUGH the appellants have filed the appeal on various grounds, during the course of arguments, the learned counsel Mr. Kapil Gupta for the appellants has submitted that his arguments are confined only to the extent of rate of interest and date of interest awarded by the Commissioner to the respondents. According to him, as per the decision of the Apex Court in case of Utter Pradesh State Road Transport Corporation now Uttarakhand Transport Corporation vs. Satnam Singh, 2011 14 SCC 758, and in case of National Insurance Co. Ltd. vs. Mubasir Ahmed, 2007 2 SCC 349, the interest should be awarded from the date of claim petition and not from the date of accident. He also submitted that the appellants being very poor persons, the rate of interest also deserves to be suitably reduced.
(3.) HOWEVER , the learned counsel Mr. Aatish Jain for the respondents has relied upon the latest decision of the Apex Court in case of Saberabibi Yakubbhai Shaikh and Ors. vs. National Insurance Co. Ltd. and Ors in Civil Appeal No.8 of 2014 decided on 2nd January, 2014, and submitted that the amount of interest is required to be awarded from the date of accident and not from the date of filing of the claim petition. Of course, he has conceded that the rate of interest be reduced to the extent of 8% per annum, considering the facts of the case. Having regard to the aforesaid submissions made by the learned counsels for the parties, and to the latest decision of the Apex Court in case of Saberabibi Yakubbhai Shaikh and Ors. vs. National Insurance Co. Ltd. and Ors, the Court does not find illegality in the award made by the Commissioner awarding compensation from the date of accident. However, since the Commissioner has awarded interest @ 12% per annum, without there being any evidence on record to suggest that there was any delay on the part of the appellants in paying the compensation due, the said rate of interest is required to be reduced to the extent of 8% per annum, for which even the learned counsel for the respondents has no objection.;