JUDGMENT :

1. Heard Sri Nigamendra Shukla, learned counsel for the appellants and Sri Aditya Singh Parihar, learned counsel for respondent-Insurance Company.

2. By way of this appeal, the claimants have challenged the judgment and award dated 15.05.2009 passed by Workmen's Compensation Commissioner, Meerut in Case No. W.C.A. 45 of 2007 wherein the learned Commissioner has awarded Rs.2,96,520/- as compensation. However, the Commissioner has awarded 10% conditional interest namely if the awarded amount is not deposited within thirty days, then only the amount would carry interest at the rate of 12% from the date of filing of the claim petition till the amount is deposited.

3. The appellants have challenged the award on the following substantial question of law :

"Whether the learned Workmen's Compensation Commissioner was justified/entitled to award the interest at the rate of 10% per annum after 30 days of award if the Insurance Company does not deposit the compensation of amount and denying to award interest at the rate of 12% per annum according to Section 4 A of the Workmen's Compensation Act, 1923 from the date of application as per the law laid down by the Apex Court in Pratap Nara