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Judgment
B.S. Patil, J.—There is delay of 150 days in filing this appeal. I have perused the contents of the affidavit filed in support of the application for condonation of delay. In the light of the explanation offered which constitutes sufficient cause, the delay is condoned. Though this matter is listed for condonation of delay having regard to the nature of the matter and the pendency of the case since 2011 and the resultant deprivation of the claimants of their entitlement to receive the compensation, I am persuaded to take up this matter on merits and dispose of the same.
Deceased Ramegowda met with an accident on 28.10.2008 while he was driving the Auto Rickshaw bearing No. KA 02 B 8147. The 1st respondent herein is his wife and the 2nd respondent is his son. The claimants moved the Commissioner for Workmen''s Compensation seeking compensation contending inter alia that the accident arose out of and during the course of employment and that the deceased was earning wages of Rs. 6000/- per month apart from Rs. 50/- per day as bata. The appellant herein contested the claim.
The Commissioner recorded the evidence of the 1st claimant. He has found from the evidence on record that the accident indeed occurred on 28.10.2008 while he was driving the Auto Rickshaw having been duly employed under the 3rd respondent. The Commissioner also recorded a finding that the accident indeed arose out of and during the course of employment. After recording necessary findings regarding the age of the deceased and the wages earned by him at Rs. 4,000/- per month, by applying relevant factor namely 166.29, the Commissioner has awarded a sum of Rs. 3,32,580/- as total compensation payable along with interest at 12% p.a. with effect from 03.10.2008. Aggrieved by the same, the present appeal is filed by the Insurance Company.
I have heard the learned counsel for the parties.
In so far as the findings recorded by the Commissioner with regard to the nature of the occurrence of the accident and the same having arisen out of and during the course of employment and also regarding the age of the deceased, there cannot be any dispute in the wake of the evidence adduced. The contentions urged by the learned counsel for the appellant challenging the findings recorded by the Commissioner in this regard are not supportable from the evidence on record. Nothing is produced by the Insurance Company to belie the version of the claimants.
Insofar as the employment and the age of the deceased is concerned and as also the accident having been arisen out of and during the course of employment and also regarding the wages earned by the deceased, the Commissioner has accepted the version of the claimant. The accident having taken place in the year 2008 and the deceased having been employed in the City of Bangalore, the amount of Rs. 4,000/- taken as wages cannot be found fault with. However, in one area there is a mistake committed by the Commissioner while awarding interest. The Commissioner has directed interest to be paid at 12% with effect from 03.10.2008 whereas the accident has occurred on 28.10.2008. Liability to pay interest arise with effect from the expiry of 30 days from the date of accident keeping in mind the ratio laid down in the case of The Oriental Insurance Company Ltd. Vs. Siby George and Others, Therefore, to this extent alone, the award requires modification. Hence, while declining to interfere with the quantification of the compensation made at Rs. 3,32,580/-, it is made clear that this amount will carry interest at 12% with effect from 28.11.2008.
The appeal is accordingly allowed in part. The amount in deposit shall be transferred to the Commissioner for Workmen''s Compensation for disbursal in accordance with law.