Punjab-Haryana High Court
United India Insurance Co. Ltd vs Smt. Babli & Ors on 31 August, 2013
Author: Rakesh Kumar Garg
Bench: Rakesh Kumar Garg
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO No.3769 of 2007(O&M)
Date of decision: 31.08.2013
United India Insurance Co. Ltd. ......Appellant(s)
Versus
Smt. Babli & ors. ......Respondent(s)
CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG
* * *
Present: Mr. Neeraj Khanna, Advocate for Mr. Ravinder Arora, Advocate
for the appellant.
Mr. Pawan Sharma, Advocate for Mr. Ajit Attri, Advocate for the
respondents.
Rakesh Kumar Garg, J. (Oral)
This appeal has been filed on behalf of the United India Insurance Company Limited against the order dated 5.6.2007 of the Commissioner, Bhiwani, under the Workmen's Compensation Act, 1923.
After hearing learned counsel for the parties, this appeal was tagged with a bunch of appeals. This appeal along with other appeals was listed before the Lok Adalat and the following order was passed in the presence of the counsel for the appellant:
"In all these appeals a common question of law is involved except in one case where it is required to be clarified as to who is liable to pay the penalty.
In these appeals, the Commissioner under the Workmen's Compensation Act, directed the payment of various amounts by way of compensation. He further directed the payment of interest at various rates from the date of Saini Pushpinder accident/date of filing the claim application till the 2013.09.03 17:28 I attest to the accuracy and integrity of this document High Court Chandigarh FAO No.3769 of 2007(O&M) -2- date of payment.
Learned counsel appearing for the Insurance Company submits that the only point involved is with respect to the payment of interest and that interest under the Workmen's Compensation Act is payable only from the due date i.e. date of the award till payment and not interior to the date of the award.
Learned counsel in support of his submission replied upon the judgment of the Supreme Court in Kamla Chaturvedi Vs. National Insurance Company, reported as 2009(1), Recent Services Judgment 702.
Since the point involved is very short and is apparently covered by the judgment of the Apex Court, these appeals, in my opinion deserve to be listed before a learned Single Bench at a very early date.
The files of these cases may, therefore, be placed before the Hon'ble Chief Justice for appropriate orders."
Thus, in the instant appeal, the only question which arises is "whether interest on the compensation amount under the Workmen's Compensation Act is payable from the date of award till payment or prior thereto.
It could not be disputed before this Court that the point in Saini Pushpinder 2013.09.03 17:28 I attest to the accuracy and integrity of this document High Court Chandigarh FAO No.3769 of 2007(O&M) -3- issue, as raised, has been answered by the Hon'ble Supreme Court in Oriental Insurance Company versus Siby George 2012 (4) SCT 299.
In view thereof, this appeal is ordered to be dismissed.
August 31, 2013 (RAKESH KUMAR GARG)
ps JUDGE
Saini Pushpinder
2013.09.03 17:28
I attest to the accuracy and
integrity of this document
High Court Chandigarh