79.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 79 WRIT PETITION NO. 8298 OF 2016 Nisar Bashirbhai Shaikh VERSUS Bhaskar Bhausaheb Thorat And Others ….. Mr. Barde Parag Vijay, Advocate for the Petitioner Mr. R. K. Temkar, Advocate for Respondent Nos.1 and 2 Mr. Vinayak Upadhye, Advocate for Respondent No.3 ….. CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 24.03.2026 PER COURT : 1. Heard the learned counsel for the respective parties. 2. The petitioner is aggrieved by the order dated 30.04.2012 passed by the Commissioner for Workmen’s Compensation and Judge, First Labour Court, Ahmednagar, in WC Application No.38/2009 to the extent of not imposing penalty and not granting 12% interest from the date of accident. 3. The learned counsel Mr. Barde for the petitioner submits that interest ought to have been awarded from the date of accident. In support of his contention, he relies upon the judgment of the Hon’ble Apex Court in Oriental Insurance Co. Ltd. v. Siby George & Ors.; AIR 2012 SC 3144. He further submits that the petitioner is aggrieved by the non-consideration of his claim for 12% interest from the date of accident as well as by the refusal to grant penalty. 1 2026:BHC-AUG:13602 79.odt 4. The learned counsel Mr. Temkar for respondent Nos. 1 and 2 submits that the amount was already paid pursuant to the order passed by the Court in 2012. Therefore, the petitioner is entitled to receive interest only from the date of accident until the date of payment. 5. Having heard the learned counsel for the respective parties, as regards penalty, it is the discretion of the Court under Section 4A(3)(b) of the Workmen's Compensation Act, 1923. The Labour Court has rightly exercised its discretion in not granting penalty. Once such discretion has been exercised, I find no reason to interfere with the said finding. As regards the 12% interest, I am inclined to allow the writ petition partly. 6. In view thereof, the present petition is partly allowed. The order passed by the Commissioner, particularly Clause No.2, is modified. Instead of interest being payable from 30.04.2012, it is held that the petitioner is entitled to receive 12% interest on the due amount from the date of accident till realization. [SIDDHESHWAR S. THOMBRE, J.] Sameer/March-2026 2