69 r 0 1e F1n00Noe2888 of 2008 10 6 Mla IN THE HIGH COURT FOR THE STATES OF PUNJAB 8 HARYANA AT CHANDIGARH eee Date of Decision June 1 1 2011 1 FeOe Noe2888 of 2008 l0 8 Ml 0 0 I National Insurance Company Limited through its Regional ManagerSeC Nos334336Sector 34 Chandigarh 45 I Versus Z Narinder Chauhan and another eeRCSpondents 0 I C Z CORAM HONBLE MRJUSTICE MOHINDER PAL OO le Whether Reportersof Local papers may be allowed to see the judgment 7 3 2 To be referred to the Reporters or not7 Z 3 Whether the judgmentshould be reportedin the Digest7 Om Presentl Mr Ashwani Talwar Advocate for the appellant Mr SS Chauhan Advocate for respondentNo Mre R KartikayAdvocate for respondentNo2e MOHINDER PAL Je Civil Misce N016447CII of 2008 For the reasons stated in Civil Miscellaneous Radhika 2013.06.17 11: 50 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:55 I attest to the accuracy and integrity of this document 70 1 0 e m2 AO Noe2888 of 2008 O S Ml Application No 16477CII of 2008 which IS supported by an affidavit the same is aliowed and the delay of 205 days in Oling the instant appealis condoned FeAeOe Noe2888 of 2008 1 National Insurance Company Limited lereinafter referred to as the Insurance Companyl has preferred this 0 0 appeal againstthe orderl award dated 2112007 passed by the Workmens Compensation Commissioner 8 Assistant Labour t5 Commissioner Patiala lereinafter referred to as the Commissionerlwhereby the Iegalrepresentativesof Jai Kishan Z Chauhan who was working as a Gas Cutter 2 1 with Mls 0 Gupta 8 Sons espondent No29 were held I entitled to the compensation to the tune of Rs2350171 taking Z the salaryof the deceasedvorkman as Rs 22601 per month The ciaimpetitionhad been filed by Narinder Chauhan brother of the 0 deceasedworkman who himself was a major a nd was not m Z dependentupon the deceased It wason this account that the iegal ll representativesof the deceasedvorkman were held entitled to recetve the amount of compensation JaiKishan Chauhan leceased workmanl had died at the spot while on duty on 982004 as a big stone fell down from a JeCaB machine on him Mr 0P Gupta IWl proprietorof Mls 0 Gupta and Sons spondent No2 nployeo admitted that the firm had taken some contracts on the tunnel site at Kol Dam District Mandi Himachal Pradeshl where they had sent six persons for work and Jai Kishan Chauhan deceased workmanl was one of Radhika 2013.06.17 11: 50 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:55 I attest to the accuracy and integrity of this document 71 10 8 FnAOI2888 of 2008 O S Ml them The deceased workman had been insured through a Group Insurance Policy of the Insurance Company The Commissioner had also imposedpenaltyupon the Insurance Company at the rate of 50 per cent ofthe awarded 1 amount besides awarding interest at the rate of 6 per cent on the amount of compensation from the date of the applicationtill 0 U the date of actual payment The interest was ordered to be paid I to the Iegal heirs of the deceasedmworkman by the employer t5 respondent NOe2 as he did not take any steps for gettingthe amount of compensation released ill favour of the Iegal heirs of Z the deceasedNorkman from the Insurance Company 2 t In view of the admitted position that the deceased workman was an employeeof respondent No 2 and he r deceased workmanl had been insured through a GroupInsurance Z Policy of the Insurance Company I do not see any ground 00 warrantinginterference in the impugnedaward sofar as awardof mWo Z compensationto the workman is concerned as the amount of compensation1ee Rs350171 is not at all on the excessive side On 21122010 the followingorder was passed by this Courtl ll Duri ng the of hearing Iearned course counsel for the appellant has submitted that insofar as amount of compensationof Rs2350171 IS concerned that may be ordered to be released to the successor of Radhika 2013.06.17 11: 50 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:55 I attest to the accuracy and integrity of this document 72 1f 0 4 FAn0e Noe2888 of 2008 0 8 Mle the claimants because the Insurance Company IS only contestingthe issue of impositionof penalty and interest Thus the Workman Compensation Commission with whom the m amount of compensationis Iyingdeposited IS directed to release Rse235017 to the 0 0 successor of the claimants forthwith on the I productionof this order Ca9 I List this case for hearing on the questionof impositionof penaltyand interest Z on 2512011 Il I It has been held by the Honble SupremeCourt in the t Z case of Ved Prakash Garq Vse Premi Devi and Otherse 1997 8 SCC that the Insurance Company will not only be Iiable to t pay the principalamount of compensationbut also interest thereon vm Z if any imposed by the Commissioner But the Insurance Om Company will not be Iiable to reimburse the additional amount of compensation by way of penaltyimposedby the Commissioner As noticed above in this case the Commissioner ordered the interest at the rate of 6 per cent per annum from the date of appiication till the date of realization of the amount of compensation to be paid to the Iegal heirs of the deceasec workman by the employer as he did not take any steps for gettingthe amount of compensationreleased in favour of the Iegal heirs of the deceasedeworkman from the Insurance Company Radhika 2013.06.17 11: 50 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:55 I attest to the accuracy and integrity of this document 73 0 r 8 4 1 FaAaOaNon2888 of 2008 0 S Mle In view of the above the Insurance Companywili not be Iiabie to pay the amount of penalty as imposed by the Commissionerand the Iegalheirs of the deceased workman will be entitled to receive interest at the rate of 6 per cent per 1 annum from the empioyeras ordered by the Commissioner in 1 the impugned Award Further they egalheirs of the deceased 0 workmanlwiil be entitled to receive interest at the rate of 9 per C cent per annum from 3112007 ie after one month of the C5 award which was rendered on 2112007 in case the amount I of compensationhad not been deposited withi n one month of the Z passing of the award I order accordingly The impugned award C is modified to the extent as indicated above With the above modification in the impugned award I 3 this appealis herebydismissed Z 4 00 C MOHINDER PAL I Cr June Il 2011 OUDGE 1 7 ak Z Om 1 ll 17 l l Radhika 2013.06.17 11: 50 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:55 I attest to the accuracy and integrity of this document