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Judgment
Huluvadi G. Ramesh, J.—Heard learned counsel for the appellants and respondent No. 2-insurer. This appeal is arising out of the judgment and award dated 13.2.2009 passed in No. WCA 12/2008 on the file of the Labour Officer and Commissioner for Workmen Compensation, Sub Division-2, at Mangalore.
The death of the deceased occurred on 31.12.2007 while he was working as cleaner-cum-conductor in the vehicle bearing registration No. KA-09-A-9090. Therefore, the claimants filed claim petition seeking compensation. The Commissioner for Workmen''s compensation awarded total compensation of Rs. 4,23,580/- with interest at the rate of 12% p.a. to be paid within 30 days from the date of judgment and award. Aggrieved by the same, the claimants have preferred this appeal.
The learned counsel for the claimants submits that the Commissioner has erred in taking the income of the deceased at Rs. 4000/- per month, which is on the lower side and awarding interest within 30 days from the date of judgment and award instead of awarding interest from one month after the date of accident till deposit as per ratio laid down by the Apex Court.
The learned counsel for the insurer submits that compensation awarded by the Commissioner is just and proper and there is no scope for enhancement of compensation. Having regard to the facts and circumstances of the case and in view of the submission made, the judgment and award passed by the Commissioner is modified. The claimants are entitled to compensation of Rs. 4,23,580/- with interest at the rate of 12% p.a. from one month after the date of accident till deposit.
Accordingly, the appeal is allowed-in-part.