ORDER 31.03.06 — Even though this matter is listed for admission, learned counsel for both the parties submits that the same can be dis¬posed of at this stage since the accident is of the year 2003 and the claimant has not received anything towards compensation as well as the only ground of challenge in this appeal is with regard to quantum of the award. Heard Mr. Das, learned counsel for the appellant and Mr. Samantaray, learned counsel for the respondents. The award dated 26.12.2005 passed by the learned commission¬er for Workmen’s Compensation-cum-Asst. Labour Commissioner, Cuttack in W.C. Case No.455-D of 2003 is assailed by the appel¬lant-Insurance Company in this appeal mainly on the ground that the quantum of the awarded amount is excessive. Mr. Das, learned counsel submits that keeping in view the evidence on record as well as income, injury and loss sustained by the injured claimant at best he is entitled to a compensation of Rs.80,000/- along with interest at the rate of 6% per annum from the date of claim application till the date of payment as has been awarded by the learned Commissioner, since the claimant has not filed any appeal challenging the interest part of the award, even if as per the Act, he is entitled for interest at a higher rate, for non payment of award within a period of 30 days from the date of award. Learned counsel for the claimant/respondent No.1 strongly repudiated the contention of the learned counsel for the appel¬lant with regard to quantum of the award as well as the interest. Learned counsel submits that since the Insurance Company has failed to deposit the awarded amount within 30 days from the date of the award the claimant is entitled to interest at the rate of 12% per annum from the date of accident till the date of deposit and not 6% from the date of filing of the case till the date of payment as has been awarded by the learned Commissioner. Even if no appeal has been filed by the claimant he shall be entitled for the interest as provided under the Act and no- body can take away his right for interest since the same has been provided in the statute itself. As it appears the injured/claimant was a coolie in the Truck No. OR K-6466 and was earning Rs.2500/- per month. As it appears the injured/claimant was a coolie in the Truck No. OR K-6466 and was earning Rs.2500/- per month. He sustained injury during the course of his employment on 1.5.2003 as the driver of the vehicle dashed the truck with a tree. The claimant examined two witnesses and filed certain documents in support of his claim. But the appellant Insurance Company did not examine any witness. Considering all the materials available on record, learned Commissioner awarded Rs.1,17,974/- as compensa¬tion. Considering the submissions made by learned counsel for both the parties at length and taking into consideration the facts and circumstances of the case, in the spirit of Lok Adalat, this Court feels that a compensation of Rs.95,000/- instead of Rs.1,17,974/- alongwith interest at the rate of 12% per annum from the date of accident till the date of payment, shall be just, proper and equitable. Even though, the claimant has not filed any appeal, since as per the statute, the claimant is entitled for interest at the rate of 12% per annum from the date of accident till the date of payment, if awarded amount has not been paid within 30 days from the date of award, no Court can go beyond the statute and debar the claimant from getting the same. In view of the above, the claimant-respondent shall be entitled to Rs.95,000/- towards compensation along with interest at the rate of 12% per annum from the date of filing of the claim application till the date of deposit. The appellant-Insurance Company is accordingly directed to deposit the awarded amount of Rs.95,000/-(Rupees ninety five thousand) along with interest at the rate of 12% per annum on the entire awarded amount from the date of accident i.e. 01.05.2003 till the date of amount is deposited, within a period of six weeks hence. The appellant-Insurance Company is accordingly directed to deposit the awarded amount of Rs.95,000/-(Rupees ninety five thousand) along with interest at the rate of 12% per annum on the entire awarded amount from the date of accident i.e. 01.05.2003 till the date of amount is deposited, within a period of six weeks hence. Out of the total amount deposited, 30% of such deposit shall be disbursed in favour of the applicant and the balance 70% of the amount shall be invested in an unencumberable fixed deposit for a period of six years in the name of the appli¬cant with instruction to the Bank that no loan of any kind shall be sanctioned/disbursed in favour of the applicant during the entire period for which the money is kept in fixed deposit After the entire amount is deposited as directed above, the amount deposited earlier by the appellant in the Court below along with interest accrued thereon be refunded to the appellant on proper application. The appeal is disposed of with the above modification. In view of disposal of the writ petition, Misc. Case also stands disposed of. Urgent certified copy of this order be granted on proper application. Appeal disposed of.