Nagesh vs Shivaramu

Mr. B. Manohar, J.—Appellant is the applicant. Being not satisfied with the quantum of compensation awarded by Labour Officer and Commissioner for Workmen''s compensation, Sub-Division-1, Mandya, (herein after referred to as WCC'' for short) in WCA No. 134/2008 dated 31,01.2011, he filed this appeal.

The appellant tiled the claim application claiming that he was working as a loader in a goods tempo bearing registration No. KA. 11.4909 belonging to first respondent herein. On 28.06.2008, as per the directions of the first respondent, after loading tender coconut at Malavalli, while he was proceeding towards Mysore, a lorry bearing registration No. KA-02-D-l 178 came in a rash and negligent manner at high speed and while overtaking one KSRTC bus hit the goods tempo, as a result of which the goods tempo capsized, the applicant fell down from the goods tempo and sustained grievous injuries. Immediately, he had taken treatment at Taluk Hospital, Malavalli and thereafter he took further treatment in K.R. Hospital, Mysore. The accident occurred during the course and out of employment. He claimed that in the accident he sustained fractures of both metatarsal and clavicle bone. Due to the injuries sustained in the accident, the applicant cannot do the work of a loader as he was doing earlier. Prior to the accident, he was getting monthly wages of Rs. 4,000/- and daily bata of Rs. 50/-. Insurance policy covers the risk of a loader working in the said vehicle. Hence, sought for compensation of Rs. 4,50,000/- with interest.

In pursuance of notice issued by WCC, though the owner of the vehicle was served with the notice, he remained unrepresented and he was placed ex-parte. Insurance company entered appearance and filed written statement denying the entire averments made in the claim petition and also contended that the driver of the goods tempo did not possess the valid and effective driving license. Because of the rash and negligent driving of the goods tempo, the accident occurred. Hence, he sought for dismissal of the claim petition.

On the basis of the pleadings of the parties, WCC framed necessary issues. The claimant in order to prove his case has examined himself as PW. 1 and got marked documents as Exs.P1 to P9. Dr. K.P. Mariswamy, Orthopaedic surgeon who treated the claimant was examined as PW 2. On behalf of the respondents none of the witnesses have been examined. However, with the consent of both the parties, insurance policy was marked as Ex.R1.

The WCC after appreciating the oral and documentary evidence let in by the parties held that due to the rash and negligent driving of the lorry, the accident occurred. As a result of the same, claimant fell down from the goods tempo and sustained injuries. The accident occurred during the course and out of employment. Hence, applicant is entitled for compensation. In the accident applicant has sustained fracture of 5th metatarsal bone and clavicle bone. The Doctor who treated the applicant has assessed the functional disability to an extent of 35%. At the time of accident the applicant was aged about 27 years. The WCC, taking into consideration income of the claimant at Rs. 3,500/- per month, applying the relevant factor of 213.57 and considering the disability at 35% awarded a compensation of R.s. 1.56,974/- with 7.5% interest from the date of filing of claim petition till the date of passing of award and 12% interest from the date of the award till the date of deposit.

The appellant being aggrieved by the judgment and order passed by WCC insofar as fixing the rate of interest on the award amount filed this appeal. Though, the appellant has taken many other contentions in the appeal, he has confined his prayer only with regard to rate of interest is concerned.

I have carefully considered the arguments addressed by the learned counsel for the parties and perused the oral and documentary evidence.

The record clearly discloses that the applicant has sustained injuries in the road traffic accident occurred on 28.06.2008, during the course and out of employment. The WCC while awarding compensation fixed interest at 7.5% p.a. on the award amount from the date of filing of claim petition till the date of passing of the award and 12% p.a. from the date of passing of the award till the date of deposit. The appellant claims that in view of judgment of Hon''ble Apex Court rendered in the case of Oriental Insurance Company Limited v. Siby George And Others - (2012) 12 SCC 540, the appellant is entitled for interest at the rate of 12% from one month after the accident. Hence, the appellant is entitled for interest at 12% p.a. from one month after the accident, as per the judgment of Hon''ble Apex Court referred to supra. With regard to quantum of compensation and all other aspects, the judgment and order of the WCC stand confirmed.

Accordingly, I pass the following"

ORDER

The appeal is allowed in part. Judgment and order passed by WCC is modified. The appellant is entitled for interest on the compensation amount at the rate of 12% p.a. from one month after the accident till the deposit.