IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JUNE 2017 BEFORE THE HON’BLE MR. JUSTICE B. MANOHAR BETWEEN M. F. A. NO. 4637 OF 2010 (WC) SRI. S.NARAYANASWAMY, S/O CHENNAPPA, AGED 34 YEARS, OCC: NIL, R/O. GANGAPURA, HOSAKOTE TALUK, NANDAGUDI HOBLI, TAVAREKERE POST, BANGALORE RURAL DISTRICT. ...APPELLANT (BY SRI. SURESH. M. LATUR, ADVOCATE) AND 1. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., D.NO.9, 10/4, MITRA TOWERS KASTURBA ROAD, BANGALORE-560 001.
2. MISS. PHILOMINA, D/O. KIRTEEPA T.C. PALYA, K.R. PURAM, BANGALORE-560 036. ... RESPONDENTS (BY SRI. Y.P.VENKATAPATHI, ADVOCATE FOR R.1, R.2-NOTICE DISPENSED WITH V/O DATED 11.2.2014) THIS MFA IS FILED UNDER SECTION 30(1) OF WC ACT AGAINST THE JUDGMENT DATED 01.09.2008 PASSED IN WCA-
3/NFC/CR-16/2004 ON THE FILE OF THE LABOUR OFFICER AND COMMISSIONER FOR WORKMEN COMPENSATION, SUB DIVISION-3, BANGALORE, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment Appellant is the claimant. Being aggrieved by the judgment and order dated 1.09.2008 made in WCA/NFC/CR-16/2004 by the Labour Officer and Commissioner for Workmen’s Compensation, Sub- Division-3, Bangalore, insofar as awarding interest from one month after the date of the order, filed this appeal.
2. The appellant filed a claim petition, contending that he was working as a loader and unloader in a lorry bearing Reg.No.KA-01-A-1948 belonging to the second respondent. During the course of employment, the said vehicle met with an accident on 22.09.2003. In the claim petition filed by the claimant, the commissioner awarded compensation of Rs.3,81,222/- with 12% interest for one month after passing of the order. Being aggrieved by the said portion of the order, the claimant has preferred the appeal.
3. The claimant further contended that in view of the law laid down by the Hon’ble Supreme Court reported in 2012 ACJ 2126 in case of Oriental Insurance Company Limited Vs. Siby George and Others, the claimant is entitled for the interest from one month after the accident.
4. The insurance company has not disputed the contention of the appellant.
5. I have gone through the judgment and order and also the judgment of the Supreme Court.
The issue raised in this appeal is no more res integra and covered by the judgment referred to above. Hence, the claimant is entitled for interest at the rate of 12% for one month after the date of accident. Accordingly, judgment and order is modified to that extent. Accordingly, I proceed to pass the following:
ORDER Appeal is allowed in part. The judgment and order dated 1.09.2008 made in WCA. NFC/CR- 16/2004 by the Labour Officer and Commissioner for Workmen Compensation, Bangalore, is modified. The claimant is entitled for interest at the rate of 12% from one month after the date of accident.
Sd/- JUDGE Mkm*