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Judgment
N. Ananda
This is a claimant''s appeal for enhancement of compensation. I have heard learned counsel for parties.
As a result of accident, claimant had suffered compound fractures of right tibia and fibula. Even after complete treatment, claimant is suffering from various disabilities, including restricted movements of right knee joint and right ankle joint. The claimant was working as an auto rickshaw driver. The Commissioner for Workmen''s Compensation taking into consideration nature of disability assessed by the Medical Officer and having regard to avocation of claimant has determined permanent physical disability vis-�-vis loss of earning capacity at 45%.
The claimant has not adduced evidence to show that he has surrendered his driving licence. Therefore, assessment of permanent physical disability vis-�-vis loss of earning capacity is not on the, lower side.
The Commissioner for Workmen''s Compensation having regard to avocation of claimant and the date of accident has determined wages of claimant at Rs. 3,500/- per month. In my considered opinion, this finding does not call for interference. The Commissioner for Workmen''s Compensation, instead of awarding interest at 12% per annum after 30 days from the date of accident has awarded interest at 12% per annum after 30 days from the date of award. The date of accrual of interest needs modification. In the result, I pass the following:-
ORDER
The appeal is accepted in part. Compensation of Rs. 2,01,823/- awarded by the Commissioner for Workmen''s Compensation is confirmed. The claimant is entitled to interest on the above sum at 12% per annum from 21.06.2005 till the date of deposit.