1. Against the order passed in W.C.No.280 of 2009 by the Deputy Commissioner of Labour-II (Commissioner for Workmen’s Compensation-II), Chennai-600006, this Civil Miscellaneous Appeal is filed.

2. A claim of Rs.6,00,000/- under the Workmen Compensation Act was made and the Deputy Commissioner of Labour-II awarded a compensation of Rs.3,18,773/-. Aggrieved by the same, the present appeal has been preferred.

3. The two substantial question of laws raised before this Hon’ble Court are

"1. Whether the Deputy Commissioner of Labour-II ought to have fixed the loss of earning capacity at 100% ?

2. Whether the appellant is entitled to interest at the rate of 12% p.a. from the date of accident under Sec 4A(3) of the W.C. Act ?"

4. The appellant a driver by profession was the claimant before the Deputy Commissioner of Labour-II. While driving the Lorry (MIX Concrete) with Registration No TN-20-AR-0515 owned by the first respondent, on the night of 21.01.2009, he met with an accident and as a result, sustained serious injuries. He claimed compensation for having lost 100% earning capacity in view of the nature of injury and disability, along with interest at the rate of 12% p.a. from the d