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Judgment
Rajesh Tandon and B.S. Verma, JJ.—This is an appeal against the judgment and award dated 25.2.2004 passed by Workmen Compensation Commissioner, by which an amount of Rs. 2,24,000 was awarded as compensation along with interest @ 9% per annum from one month after the date of judgment impugned in the default of payment of compensation.
Briefly stated, an application was filed on 25th July, 2001 stating therein that the son of the claimant Virendra Singh was conductor in Truck No. UP-01-1137. On 12th October, 2000, the said truck met with an accident near Saitoli while going to Ghat from Nand Prayag. In this accident Virendra Singh, the son of the claimant sustained grievous injuries and was treated in the Primary Health Centre, Ghat for first-aid and (hereafter he was admitted to the District Hospital, Gopeshwar and after some time, he died in the Hospital, Gopeshwar. The claimant has submitted that the age of the deceased was 22 years and he was earning a sum of Rs. 4,000 per month. The Insurance Company has filed his written statement, who was impleaded as defendant No. 1. We find the evidence on the record the Permit, Insurance Policy Note Cover, which was duly valid from 31st March, 2000 to 30th March, 2001, Copy of the Registration Certificate of the vehicle in question. The Commissioner Workmen Compensation, Chamoli has recorded a finding that the deceased was earning a sum of Rs. 2,000 per month and he was aged about 20 years. The vehicle in question was duly insured with the Insurance Company as will appear from the cover note of the Insurance Policy and at the time of the accident the vehicle in question was duly insured so as to reimburse the amount of compensation from the Insurance Company. The findings of the Workmen Compensation Commissioner have become final and the Insurance Company has not challenged the same by filing any separate appeal.
We therefore, have no hesitation to confirm the findings of the Workmen Compensation Commissioner so far as the age of the deceased and the lacturn of accident with Vehicle No. U.P.-01-1137 is concerned.
Learned counsel for the appellant has filed the present appeal for enhancement of the compensation on the ground that the compensation is needful.
We have perused the record of the case and from the perusal of the record shows that at the time of accident, the deceased was aged about 20 years and he was earning a sum of Rs. 2,000 per month. In accordance with the provisions of Section 4A, the total compensation, which has been calculated is Rs. 2,24,000.
We, therefore, confirm the findings with regard to the compensation to the extent of Rs, 2,24,000.
So far as the interest part of the award is concerned, the appellant has claimed 12% interest in accordance with Section 4A (3) (a).
We, therefore, modify the award to the extent of pendente lite and future interest from 9% per annum to 12% per annum.
The appeal is modified to this extent and is allowed.