HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Civil Miscellaneous Appeal No.725 of 2014 Date: 29-10-2014 Between:
The New India Assurance Co. Limited, represented by its Divisional Manager, Kadapa .. Appellant AND Akula Gurramma and 4 others .. Respondents ORDER:
HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Civil Miscellaneous Appeal No.26490 of 2014 The Civil Miscellaneous Appeal is directed against the order dated 16-09-2010 in W.C.No.53 of 2009 passed by the Commissioner for Workmen’s Compensation and the Assistant Commissioner of Labour, Kadapa whereby compensation was granted for an amount of Rs.4,23,842/- in favour of the claimants therein against the Opposite Parties.
This court granted interim stay on 15-07-2013 in CMAMP.No.1316 of 2014 and when the vacate stay petition is coming up for hearing, both the counsel insisted for disposal of the main appeal. Since the quantum of compensation is not challenged by the appellant-Insurance Company, the only dispute that led to filing of the present appeal is with regard to awarding of interest.
Learned counsel for the appellant-insurance company submits that though the claimants-respondents herein have claimed interest at 7.5% p.a., the Commissioner granted interest 12% p.a. against which the present appeal is filed.
Learned counsel for the respondents submits that he has no objection for reducing the interest from 12% p.a. to 7.5% as they claimed interest only at 7.5% in the claim petition.
Even in the affidavit in support of the stay petition filed in CMAMP.No.1286 of 2013, it is categorically stated that the appellant-insurance company has decided not to go into the quantum of award except the interest part.
In view of the submissions made by both the counsel, the C.M.A. is allowed in part modifying the order of the Commissioner for Workmen’s Compensation to the extent of reducing interest at 7.5% p.a. from 12% p.a. from the date of filing of the claim petition till realisation, and in all other respects the order of the Commissioner for Workmen’s Compensation is confirmed. No costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
A. RAJASHEKER REDDY, J Date: 29-10-2014 Ksn