38 1 0 m1 FeAn0 Noe3167 of 2011 0 8 Mlm IN THE HIGH COURT FOR THE STATES OF PUNJAB 8 HARYANA AT CHANDIGARH Date of Decision2 June 1 2011 1 1 l FA0e Noe3167 of 2011 l0 8 Mle 0 0 Oriental Insurance Company Limited I C2 Versus I Gopal alias Gian Chand and another Z Cl CORAM HONBLE MROUSTICE MOHINDER PAL I Z 1 Whether Reporters of Local papers may be allowed to see 0 the judgment7 2 To be referred to the Reporters or not 7 3e Whether the judgmentshould be reportedin the Digest 7 Z tl Presentl Mr Ashwani TalwarAdvocate for the appellant MOHINDER PALe Je Oriental Insurance Company Limited lereinafter referred to as the Insurance Company has preferred this appeal againstthe orderl award dated 17 2011 passed by the Commissioner under Workmens CompensationAct 1923 Circle Hisar hereinafter referred to as the Commissione whereby Batra Amit 2013.04.17 00: 50 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document 39 0 4 FeAa0403167 of 2011 t0 8 M1e respondentjvorkmanGopal alias GyanChand who had suffered 26 Olodisabilityin the employmentof respondentNo2 was held entitled to the compensation to the tune of Rs 1244261 along with interest at the rate of 12 per cent per annum from the date of the accident ie 2392008 till the date of the award 1C Iee 172011 It was further ordered by the Commissioner 0 that if the Insurance Company failed to deposit the amount of 0 compensationalongwith interest at the rate of 12 per cent per 0 annum within thirtydays ofthe passingof the award the I Insurance Company would be Iiable to pay interest at the r8te of Z 12 per cent per annum on the aforesaid amount of compensation 2 only from the date of the order till its realization The workmanrespondentNo l was employed with I C0 respondentNo2 as a Double Roller Ginning Mechanic and was Z gettingRs 115001mper month as his salary On 2392008 while CQ the workman was doinghis duty he met with an accident and his r I7 fingersof right hand were crushed in the roller The workman Z remained admitted in hospital from 242008 to 10102008 The fingers of the right hand of the workman had to be amputated Disabilityof the workman was assessed at 26 per cent He had to spent a huge amount on histreatment Taking into account the disability and sufferingsof the workmar No 1 the Commissioner had awarded the aforesaid amount of compensation ie Rs l 244261e along with interest Since the NO2 had taken the WC Insurance Poiicy from the Insurance Company appellant it appellantl was held Iiable to pay the compensation The amount of Batra Amit 2013.04.17 00: 50 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document 40 7 0 3 FeAnOeNou3167 of 2011 l0 8 Mle compensation in no way be said to be on the higherside It has been held by the Honble SupremeCourt in the case of Ved Prakash Garq Vs Premi Devi and Othersp 19971 8 SCC that the Insurance Company will not only be Iiable to pay the principalamount of compensationbut also interest thereon if any lmposed by the Commissioner As noticed above in this 0 case the Commissioner ordered payment of interest to the O I No 1 at the rate of 12 per cent from the 2 date of accident to the date ofpassing of the award and atthe I rate of 12 per cent per annum if the amount of compensation Z was not deposited within one month from the date of passing of the award However the Nol will be entitled to receive interest at the rate of 9 per cent per annum I t from the date of accident till the date of passingof the award and Z further interest at the same rate from 1722011 ie after one m monthof the award which was given on 17 2011 on the amount of compensation in case the amount of compensation ie Z Rs l244261 alongwith interest has not been deposited within Qm one month ofthe passingof the award The impugned award is modified to the extent as indicated above This appealstands disposedof accordingly MOHINDER PAL I June 2011e JUDGE 1 ak J l 1 Batra Amit 2013.04.17 00: 50 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document