JUDGMENT:

An injured claimant filed this Civil Miscellaneous Appeal under Section 30 of the Employees Compensation Act, 1923(hereinafter referred to as act, 1923). In this appeal, he assails the order dated 02.01.2023 of the learned Commissioner for Employees Compensation and Deputy Commissioner of Labour, Kurnool in E.C.No.1 of 2019.

2. The appellant is Sri.D.Nagarjuna, while working as operator on stone crushing machine under the Employment of 1st respondent, in the course of employment met with an accident on 03.03.2014. As a result of which his right hand was amputated and he sustained 80% of permanent disability. The employees working under the 1st respondent unit was covered by the insurance policy issued by the 2nd respondent. As the respondents did not pay the compensation for injury sustained by the appellant he filed an application U/s.22 of E.C.Act, 1923 before the Commissioner for Employees compensation and Deputy Commissioner of Labour, Kurnool seeking compensation of Rs.15,00,000/- together with interest @18% per annum from the date of accident till date of realization against both respondents. The learned Commissioner conducted inquiry and allowed the petition in part by granting compensation to the appellant of Rs.8,20,109/- under section 4 of Employees compensation Act and further awarded 12% interest thereon till date of payment of compensation. But he omitted to grant interest on compensation amount from the date of incident till date of order.

3. Aggrieved by the impugned order passed by the learned Commissioner for awarding less compensation and restricting the interest @ 12% per annum from the date of Order/Award till the date of payment under the impugned order dated 02.01.2023 passed in E.C.No.1 of 2019 and consequently omitting to grant interest from the date of incident till date of award @ 12% per annum and also further for non quantification of the medical expenses, the appellant filed this Appeal under Section 30 of Employees Compensation Act,1923.

4. In terms of Section 30 of the Act, 1923 an appeal could be admitted only when it discloses substantial questions of law involved in the appeal. On 17.03.2023, this Court admitted this appeal on the following substantial questions of law:

1. Whether the ceiling limit of monthly wages fixed by the commissioner at Rs.8000/- under the guise of Central Govt notification S.O 1258(E) Dt.31.05.2010 is erroneous, perverse and not in consonance with principles laid down by the Hon’ble Apex Court of India?

2. Whether the learned commissioner ought to have taken actual monthly wages of the employee for the purpose of multiplying wages with relevant factor U/Sec.4(1)(b) of E.C. Act,1923?

3. When does the payment of compensation U/Sec.4 of E.C Act, 1923 falls due and consequently what is the point in time from which interest would be payable on the amount of compensation as provided U/Sec.4A(3) of E.C Act,1923?

4. Whether the learned Commissioner committed serious error of law by denying interest on compensation amount from the date of accident till date of adjudication?

5. Whether the Appellant is entitled to compensation of Rs.25,62,840/- and interest thereon from the date of accident till realization U/Sec.4A(3)(a) of E.C Act, 1923?

6. Whether the Commissioner can grant medical expenditure incurred by the Appellant without determination of exact amount payable U/Sec.4A(3) (a) of E.C Act, 1923?

5. The prayer in this appeal is in the following terms:

“For the reasons stated above, the appellant prays that this Hon’ble Court may be pleased to set aside the impugned order dt.02.01.2023 passed in E.C.No.1 of 2019 on the file of the Commissioner for Employees Compensation and Deputy Commissioner of Labour, Kurnool in restricting the interest on compensation granted from the date of Order/Award and may be pleased to Award compensation of Rs.25,62,840/- instead of Rs.8,20,109/- as fixed by the Commissioner for Employees Compensation and Deputy Commissioner of Labour, Kurnool wit