Rajasthan High Court - Jaipur
(National Insurance Company Ltd. vs . Smt. Nafisa Bano & Ors.) on 7 April, 2014
Author: Alok Sharma
Bench: Alok Sharma
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR O R D E R S.B. CIVIL MISC. APPEAL NO.1920/2009 (National Insurance Company Ltd. Vs. Smt. Nafisa Bano & Ors.) Date of Order : 07.04.2014 HON'BLE MR. JUSTICE ALOK SHARMA Mr. Praveen Jain, for the appellant-Insurance Co. BY THE COURT
For the reasons stated in the application under Section 5 of the Limitation Act, the delay of 39 day in filing the appeal is condoned.
The application under Section 5 of the Limitation Act is allowed.
With the consent of the counsel for the appellant, the appeal is being heard today.
This appeal under Section 30 of the Workmen's (now Employee's) Compensation Act, 1923 (hereinafter 'the Act of 1923') has been filed against the order dated 17.11.2008, passed by the Employee's Compensation Commissioner, Jaipur-I, Jaipur, (hereinafter 'the learned Commissioner), whereby the claim petition filed by the respondent-claimant Nos.1 to 5 i.e. wife, two minor children and parents of the deceased-workman, Mustaq Khan, has been allowed and compensation of Rs.4,22,340/- along with interest @ 12% p.a. effected 27.11.2006 i.e. one month after the date of the accident till the date of payment has been granted.
I have heard the counsel for the appellant-Insurance Company and perused the impugned order dated 17.11.2008.
From the order impugned it transpires that the there was adequate evidence before the learned Commissioner to conclude that the deceased Mustaq Khan was the driver of the vehicle owned by the non-claimant No.1, Mohd. Qureshi, which was insured with the appellant-Insurance Company. A reading of the impugned order also indicates that the conclusion of the learned Commissioner with regard to wages / salary of the deceased being about Rs.4,000/- p.m. at the time of death is based on the unshaken testimony of the claimants' witnesses. The only point seriously agitated in the present appeal at the time of its filing was that as to whether the appellant-Insurance Company was liable to pay interest on the compensation amount from the date of the award or as directed 30 days subsequent to the date of the accident i.e. 27.11.2006 onwards.
The issue of period during which the interest is payable is no more res integra and stands presently covered by the judgment of the Hon'ble Supreme Court in the case of Oriental Insurance Co. Lts. Vs. Siby George & Ors. [2012 ACJ 2126] wherein it has been held that the interest is liable to be paid in terms of the statutory scheme, 30 days after the date of the accident till the date of payment.
In this view of the matter, I find no force in the appeal the same is dismissed.
Stay application needs no address in view of the appeal itself being dismissed.
(ALOK SHARMA), J MS/- All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.- Manoj Solanki, P.A.