Punjab-Haryana High Court
Mohinder Kaur & Others vs Karnail Singh & Another on 28 March, 2012
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No. 3410 of 2011.
Date of Decision: 28.3.2012.
Mohinder Kaur & others .... Appellants
Versus
Karnail Singh & another ... Respondents
CORAM: HON'BLE MR. JUSTICE NAWAB SINGH Present: Ms. Monica Jalota, Advocate, for the appellants.
Mr. Ajay Kumar Sharma, Advocate, for respondent No.1.
Mr. Neeraj Khanna, Advocate & Mr. Ravinder Arora, Advocate, for respondent No.2.
NAWAB SINGH.J (ORAL) In this appeal against the judgment dated January th 29 , 2010 passed by the the Commissioner, Patiala under the Workmen's Compensation Act, 1923 (For short "the Act"), the question falling for decision by this Court is whether the amount awarded as compensation was as per the provisions of the Act or not?
2. Ram Singh was a driver by occupation. He was 40 years old. The Commissioner held his income at Rs.4000/- per month and applying the relevant factor of 184.17 assessed compensation at Rs.3,68,340/- and also awarded interest at the rate of 6% per annum from the date of accident till its actual realization.
3. The solitary submission of learned counsel for the appellants is that the interest should have been awarded at the rate of 12% per annum instead of 6% as provided under the Act.
4. Submission being convincing, the appeal is allowed in part and the judgment of the Commissioner is modified to the extent that the claimants are entitled to interest at the rate of 12% per annum from the date of accident till its actual realization.
28.3.2012. (NAWAB SINGH) SN JUDGE