JUDGMENT Hon’ble Servesh Kumar Gupta, J. As both of the above titled appeals have arisen out of the same judgment dated 04.12.2013 rendered by the Workmen Compensation Commissioner, Dehradun, hence, are being taken together by this Court for adjudication. 2. In brief, sans unnecessary details, the facts are that deceased Shri Rakesh Singh Rana @ Shri Rajesh Kumar Rana son of Shri Hira Singh Rana was employed as a driver to ply the Tata Sumo vehicle bearing no. UA09-5573 in the hilly roads of district Tehri Garhwal and all around. Unfortunately, when such vehicle was being driven by the aforenamed employee/driver, it was skidded off from the road and fell into deep ditch resulting death of its driver. The dependants-wife, children and mother, presented the petition no. 49/2012 to claim the compensation to the tune of Rs. 4,25,000/- along with 9% interest thereon and the expenses incurred in such litigation. 3. The accident occurred on 05.8.2009. The learned court of the Presiding Officer determined the compensation to the tune of Rs. 3,17,685/- and granted the 9% simple interest from the date of passing such order. Nay, Rs. 5,000/- were also granted towards the expenses of the litigation. Feeling dissatisfied on the rate of interest and from the date it was made exigible, the claimants have come up in appeal before this Court by way of filing the AO 194/2014 while Insurance Company has also come up challenging the same judgment on different scores. I have heard the learned counsels of either party. 4. It has been argued on behalf of the claimants that the rate of interest 12% has been contemplated vide Section 4A. 3 (a). Such provision reads as below: “(3) Where any employer is in default in paying the compensation due under this Act within one month from the date it fell due, the Commissioner shall- (a) direct that the employer shall, in addition to the amount of the arrears, pay simple interest thereon at the rate of twelve per cent per annum or at such higher rate not exceeding the maximum of the lending rates of any scheduled bank as may be specified by the Central Government, by notification in the Official Gazette, on the amount due;…..” 5. That apart, the law has been laid down by the Hon’ble Apex Court in case of Oriental Insurance Company Ltd. vs. Sibby George & Others, wherein it was held that as early as in 1975 a four Judge Bench of this Court in Pratap Narain Singh Deo vs. Shrinivas Sabata and Anr. AIR 1976 SC 222 directly answered the question. In sum and substance, it was held that the dependants of the employee or the employee himself are entitled to be compensated since the date of accident itself and not from the date of the order of the Commissioner or from the date of the institution of the proceedings before the competent authority. In yet another case of Saberabibi Yakubbhai Shaikh & Others vs. National Insurance Company Ltd. & Others 2014 (1) UAD 385, the Hon’ble Apex Court held that the claimants are entitled to interest @ 12 % from the date of the accident when the proceedings are instituted under the Workmen’s Compensation Act, 1923. 6. So, therefore, I feel that the appeal preferred by the claimants deserves for acceptance. This appeal is hereby allowed and the Insurance Company is hereby directed to pay the compensation as granted by the competent Authority along with 12% simple annual interest from the date of accident 05.8.2009. The arrears shall be deposited by the Insurance Company within six weeks. 7. Now, I come to the appeal preferred by the National Insurance Company. It has been argued by the learned counsel on behalf of the Insurance Company that the deceased was Shri Rakesh Singh Rana while the driving licence was presented of Shri Rajesh Kumar Rana. I am not 4 satisfied with these arguments because it is evident from the record that Shri Rajesh Kumar Rana used to write his name as Rakesh Singh Rana as well and he was the son of Shri Hari Singh Rana. This can be looked because Smt. Pata Devi, the mother of Shri Rakesh Singh Rana, was also one of the claimants in the petition and the name of her husband Shri Hari Singh Rana has been mentioned. This can be looked because Smt. Pata Devi, the mother of Shri Rakesh Singh Rana, was also one of the claimants in the petition and the name of her husband Shri Hari Singh Rana has been mentioned. It was further argued that in the permit it was a condition that such Max Sumo will be permitted to be plied by the driver only possessing five years experience while the driving licence of Shri Rakesh Singh Rana was issued on 19.5.2008 and it was valid up to 18.5.2011. So, it can be said that accident occurred within one and a half year of the issuance of the driving licence to Shri Rakesh Singh Rana. Therefore, the liability should go to its employer. I am not convinced with these arguments for the reason that putting such an arbitrary condition by affixing a printed seal without any signature of the competent Authority on the permit, by itself, is not acceptable. That apart, for the task of the owner himself, the claimants can not be asked to stay away from the compensation. 8. In view of what has been set forth above, I modify the rate of interest and the date of its granting by allowing AO 194/2014 as aforestated and at the same time dismiss the AO 40/2014 preferred by National Insurance Company. 9. Lower court record be sent back.