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Chhaya Rani (Smt.) vs Dhan Devi @ Dhan Dei (Smt.) on 2 July, 1997

3. On that aspect of the matter the learned single Judge noticed that the compensation due under the statute had not been paid within one month from the date of accident and therefore appellant was liable to pay penalty and interest from the date the amount became due and payable which meant the date of accident or at the latest one month thereafter. Therefore, the liability of the appellant being evident in those circumstances, the learned Single Judge declined to interfere with the order under appeal. The matter was carried in appeal further to the Division Bench and that appeal was dismissed holding that it was not maintainable in view of the decision in Smt.Chhaya Rani v. Smt. Dhan Devi 1997(2) All PLR 147.
Patna High Court Cites 11 - Cited by 2 - M Y Eqbal - Full Document

Ved Prakash Garg vs Premi Devi & Ors on 25 September, 1997

In Ved Prakash Garg v. Premi Devi and Ors. , this Court after examining the entire scheme of the Act held that payment of interest and penalty are two distinct liabilities arising under the Act, while liability to pay interest is part and parcel of legal liability to pay compensation upon default of payment of that amount within one month. Therefore, claim for compensation along with interest will have to be made good jointly by the Insurance A Company with the insured employer. But, so far as the penalty imposed on the insured employer is on account of his personal fault Insurance Company cannot be made liable to reimburse penalty imposed on the employer. Hence the compensation with interest is payable by the Insurance Company but not penalty. Following the said decision and for the reasons stated therein we modify the order made by the High Court to that extent. The appeal is allowed in part accordingly.
Supreme Court of India Cites 19 - Cited by 378 - S B Majmudar - Full Document
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