Punjab-Haryana High Court
New India Assurance Company Ltd vs Gulab Singh @ Subhash And Others on 18 January, 2012
Author: Rakesh Kumar Jain
Bench: Rakesh Kumar Jain
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
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FAO No.1058 of 2010 (O&M)
Date of Decision:18.01.2012
New India Assurance Company Ltd. . . .Appellant
Versus
Gulab Singh @ Subhash and others . . . Respondents
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CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN
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Present: Mr.V. Ramswaroop, Advocate,
for the appellant.
Ms.Abha Rathore, Advocate,
for the respondents.
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RAKESH KUMAR JAIN, J. (ORAL)
This appeal is directed against order dated 23.12.2009 passed by the learned Commissioner under the Workmen's Compensation Act, 1923 (for short 'the Act').
The claimant has been awarded a sum of `1,21,310/- including the interest component of `46,887/-.
The grievance of insurance company is only qua interest. It is argued that interest would accrue from the date it fell due i.e. on the date when the matter is adjudicated by the Commissioner.
On the contrary, learned counsel for the respondents has submitted that the decision in the case of "Kamla Chaturvedi Vs. National Insurance Co. Ltd. and others" 2009 ACJ 115 is no more a good law in view of decision in the case of "Partap Narain Singh Deo Vs. Srinivas Sabata" 1976(1) SCC 289 which has been followed by this Court because the judgment of Partap Narain Singh Deo (Supra) is decided by four judges Bench whereas the judgment of Kamla Chaturvedi (Supra) is decided by two judges of the Supreme Court.
In the case of Partap Narain Singh Deo (Supra) it has been held that interest would accrue after 30 days from the date of injury and not from the date of adjudication of the lis between the parties.
In view thereof, I do not any merit in the present appeal. Hence, the same is hereby dismissed.
(RAKESH KUMAR JAIN)
JANUARY 18, 2012 JUDGE
Vivek