1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL MISC. APPEAL NO.1426/2004. The New India Assurance Company Limited. VERSUS Smt.Sunita Devi and Others. 05.05.2008. HON'BLE MR.JUSTICE DALIP SINGH Mr.Virendra Agarwal ] Mr.Man Singh ]for the appellant. ***** Heard learned counsel for the appellant and perused the impugned award passed by the learned Commissioner. Learned counsel for the appellant submits that in view of the decision of the Hon'ble Supreme Court in the case of New India Assurance Company Limited Vs. Harshadbai Amrutbhai Modhiya & Another reported in MACD 2006 (2) (SC) 673, the appellant Insurance Company was not liable to pay the interest on the amount awarded. I have considered the aforesaid submission of the learned counsel for the appellant. From the judgment of the learned Commissioner, I find that the learned Commissioner has relied upon the decision of the Hon'ble Supreme Court in the case of Ved Prakash Garg Vs. Premi Devi and Others reported in 1998 (1) TAC 215 wherein the case involving the accident from a motor vehicle, the liability of the Insurance Company to pay 2 interest even in a claim filed under the Workmen Compensation Act was upheld by the Hon'ble Supreme Court. So far as the judgment which has been relied upon by the learned counsel for the appellant in the case of New India Assurance Company Ltd. Vs. Harshadbhai Amrutbhai Modhiya and Another is concerned, the said case was not one arising out of an accident involving the motor vehicle and that is why the distinction which has been pointed out by the Hon'ble Supreme Court does not apply in the facts and circumstances of the present as in the case of motor vehicle, as held by the Hon'ble Supreme in the case of Ved Prakash Garg (supra), there is a statutory provision of compulsory insurance under the Motor Vehicles Act and that is the basic distinction between the facts of the present case and the case relied upon by the learned counsel for the appellant. In view of the above, I find no infirmity with the award passed by the learned Commissioner. Consequently, this appeal as well as the stay application stand dismissed. (DALIP SINGH),J. Solanki DS, Jr.P.A.