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Documents citing National Insurance Co. Ltd vs Dheeraj Singh And Another on 7 August, 2020

United India Insurance Company Limited vs Narinder Kour And Others on 21 August, 2020

29. Lastly, the question raised in the cross objections, now treated as appeal by this Court, needs to be dealt with. As noticed above, this Court has already considered this issue in two judgments rendered in the cases of Dheeraj Singh (supra) and Ghulam Mohd. V. Divisional Manager, SFC Doda (MA No.576/2010) decided on 12.03.2020 and held that the Commissioner under the Act has no discretion to grant interest at a rate less than the minimum statutory interest of 12% prescribed under Section 4- A(3)(a) of the Act. Similarly, the Commission is under statutory obligation to award interest w.e.f one month after the date of accident. The accident in the instant case had happened on 09.04.2013 and, therefore, the interest ought to have been paid by the Commissioner w.e.f. 09.05.2013 that too @ 12% per annum.
Jammu & Kashmir High Court Cites 13 - Cited by 2 - S Kumar - Full Document

Oriental Insurance Company Ltd vs Kulwant Kour And Others on 1 September, 2020

6 This Court has considered the issue in the case of National Insurance Company Limited v. Dheeraj Singh and another (MA No.140/2013 decided on 07.08.2020), wherein it has been authoritatively held that the minimum statutory interest that can be awarded under Section 4-A (3) (a) of the Act is 12% and the Commissioner has no discretion in the matter. For facility of reference, the observations of this Court made in paragraph Nos.18, 19 & 20 are reproduced herein:- "18 From a plain reading of clause (a) of sub section 3 of Section 4 A, it is manifestly clear that if an employer commits a default in paying the compensation due under this act within one month from the date it fell due, the Commissioner shall direct that employer shall, in addition to the amount of arrears, pay simple interest thereon at the rate of 12% 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. It is, thus, evident that the Commissioner has been put under mandatory duty to compensate the employee by payment of interest which should not be less 3 MA 130/2009 than 12% per annum. The rate of interest, however, could be higher than 12%, but the same should not exceed the maximum of the lending rates of any scheduled bank. This is what the expression "such higher rate" unequivocally conveys.
Jammu & Kashmir High Court Cites 7 - Cited by 0 - S Kumar - Full Document
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