6. Learned counsel for the appellant urged at the time of the hearing that
respondent No.2 is the principal employer and should be held equally liable
to pay the compensation. It is further submitted that the interest should be
awarded from the date of the order instead of the date of the accident.
Reliance is placed on National Insurance Co. Ltd. v. Mubasir Ahmed,
(2007) 2 SCC 349 and National Insurance Co. Ltd. v. Jayashreeben
Nandulal Nerkar Patil, 2011 (2) T.A.C. 237 (Guj.). It is further submitted
FAO 85/2016 Page 3 of 16
that there is a calculation mistake in the computation of the interest by the
Commissioner and excess interest amount of Rs.12,798/- has been paid by
appellant No.1.
1. Mr. V. A. Mansuri, learned advocate for the appellants has
drawn the attention of the Court to the decision of the
Supreme Court in the case of Pratap Narain Singh Deo
v. Shrinivas Sabata and another, AIR 1976 SC 222 as
well as the decision of this Court in the case of National
Insurance Company v. Jayashreeben Nandulal
Nerkar (Patil) and others, 2008 (3) GLR 2004, to
submit that the Tribunal was not justified in denying
payment of penalty to the appellants as well as in
awarding interest from the date of registration of the
application under the Workmen's Compensation Act
instead of awarding interest from the date of accident.