High CourtsSingle Bench(2012) 09 KAR CK 0131

Renuka and Others vs The Senior Divisional Manager The National Insurance Co. Ltd. Prestige Complex, Ramaswamy Circle Mysore and Thimmappa

Karnataka High Court · Decided on 14 September 2012

HON’BLE JUDGES
N. Ananda, J
CASE NUMBER
M.F.A. No. 4796 of 2008 (WC)

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Judgment

7 paragraphs · 226 words

N. Ananda

1.

The claimants'' have filed this appeal for enhancement of compensation. I have heard learned counsel for claimants and learned counsel for I-respondent/Insurance Company.

2.

The learned counsel for claimants submits that determination of wages is on the lower side and interest should have been awarded after 30 days from the date of accident.

3.

The learned counsel for Insurance Company would justify the impugned award.

4.

The deceased was working as a loader. The accident in question took place on 30.06.2005. The Commissioner for Workmen''s Compensation having regard to nature of evidence adduced by claimants and nature of avocation of deceased has determined wages of deceased at Rs. 3,200/- per month. In my considered opinion, determination of wages by the Commissioner for Workmen''s Compensation does not suffer from any error. The Commissioner for Workmen''s Compensation should have awarded interest at 12% per annum after 30 days from the date of accident, instead the Commissioner for Workmen''s Compensation has awarded interest at 12% per annum after 30 days from the date of award. Therefore, I pass the following:-

ORDER

The appeal is accepted in part. The impugned award is modified. The claimants are entitled to compensation of'' Rs. 3,15,296/- (as awarded by the Commissioner for Workmen''s Compensation) with interest at 12% per annum on the said sum from 30.07.2005 till the date of deposit.