This appeal is preferred by the claimant under Workmen's Compensation Act, who has approached the authorities under the Act seeking compensation for the injuries he had suffered while he was in the employ as an auto rickshaw driver. In the said accident, he had suffered fracture to his left collar bone, dislocation of hip etc., While the doctor has assessed the percentage of disability at 55%, the Tribunal has determined it at 45% and awarded a compensation of Rs.1,02,362/-. It has directed that the said amount may be deposited within 30 days and on default, the third respondent would be liable to deposit the award amount with interest @ 12% from the date of claim petition till deposit.
2. The learned counsel for the appellant submitted that the claimant would be entitled to interest from the thirty first day of the accident till deposit of compensation and to this extent the award goes contrary to certain principle.
3. I find merit in the submission of the learned counsel for the appellant. Accordingly, the second respondent/Insurance Company is directed to pay the interest from the thirty first day of the accident till deposit as per
Section 4-A(3) of Workmen's Compensation Act, 1923, and if the amount has already been so deposited, the appellant would not be entitled to any interest further. The appeal is disposed of accordingly with no costs.
03.01.2017 ds Index : Yes/No Internet : Yes/No To:
1.The Commissioner for Workmen's Compensation-I, Chennai - 600 006 .
2.The Section Officer VR Section, High Court, Madras.
N.SESHASAYEE,J ds C.M.A.No.1554 of 2001 03.01.2017