46 1 lm FA0 No3533 of 2011 O S Mle IN THE HIGH COURT FOR THE STATES OF PUNJAB S HARYANA AT CHANDIGARH aea 1 Date of Decision2 June Ol2011 0 0 FAOe Noe3533 of 2011 10 8 Mla O Z ICICI Lombard General Insurance Company Limited nnnenne Appellant I Versus Z Suman and others 4 I CORAM HONBLE MRJSTICE MOHINDER PAL Z 1e Whether Reportersof Local papers may be allowed to see the judgment7 CQ 2e To be referred to the Reportersor not7 40 3e Whether the judgmentshould be reportedin the Digest7 7 Z Present MrVlrigankSharma Advocate for the appellant MOHINDER PAL Ja Civil Misc40012511mCII of 2011 For the reasons stated in the application which IS supportedby an affidavit the same Is allowed and the delayof 62 daysin filingthe instant appealis condoned F0e No3533 of 2011 l0 6 Mle ICICI Lombard General Insurance Company Limited Rawat Seema 2013.04.22 16: 12 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document 47 2 FeAeOeNoa3533 of 2011 l0 S Mle hereinafter referred to as the Insurance CompanyI has this appeal against the order 1 award dated 15112010 passed by the Commissioner under Workmens Act 1923 CircleeII Sonepat hereinafter referred m L to as the Commissione whereby the claimantsespondents 0 Nos 1 to 3 hereit wife minor daughterand minor son of 0 deceased Satbir Singh who was admittedlyworking as a Driver on Tata Dumperbearing registrationNo HR697370 owned by respondent No were held entitied to the Z to the tune of RsA1 19001eaiong with interest at the rate of 12 per centper annum from the date of filingof the L claim to the passingof the award taking the salaryof the deceasedeworkman as RsA0001oer month It was further Z ordered by the Commissioner that if the Insurance Company C faiied to depositthe amount of compensationalongwith interest 9 7 at the rate of 12 per cent per annum within thirtydays ofthe Z of the award the Insurance Company would be Iiable to Qm pay interestat the rate of 12 per cent per annum on the amount of only from the date of the order till its realization Satbir Singh deceased aged about 31 Years was admittedlyworking as a Driver on Tata Dumper bearing No HR647370 owned by respondent No 4 On 2842009 when Satbir Singh was Iiftingthe back side dumper it dumpe accidentallytouched the highvoltage electric Wire and Satbir Singh got severe electric shock Ieadingto his death Post mortem of Satbir Singh was conducted at Civil Hospital Rawat Seema 2013.04.22 16: 12 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document 1 1 48 8 FAOlo3533 of 2011 l0 8 Mln on 28A2009 RespondentNol IS the wife of Satbir Singhdeceased respondentNo 2 is the minor daughter and No is the minor son of Satbir Singh Ravinder Singh respondent No owner of the vehicle in question admitted 1 0 that SatbirSingh was in his and that the accident 0 had occurredwhile he was discharging his duties However he 0 statedthat the accident had occurred due to the carelessness and of Satbir Singh The vehicle in question had loeen Z insuredwith the Insurance Company Z Satbir Singh was having a valid Iicence It is admitted case of the owner of the vehicle that Satbir Singh was his 0 and died in the course of his employment I t3 In view of the admitted position that the deceasec Z workman was an of respondentNoA and died durin CQ the course of employmentwhile giving duty at Tata Dumper a 7 bearing NoHR697370 owned by respondentNo 41 Z whichwas insured with the Insurance CompanyI do not see any 0m groundwarrantinginterference in the impugnedaward so far as award of to the dependentsof the workman is concerned as the amount of compensation1eee RS41 19001 IS not at all on the excessive side It has been held by the Hon ble SupremeCourt in the case of Ved Prakash Garq Vss Premi Devi and Others 19971 8 SCC that the Insurance Company will not only be Iiable to paythe principalamount of compensationbut also interest thereon if any imposed by the Commissioner As noticed above in this Rawat Seema 2013.04.22 16: 12 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document P 49 1 4 1 FeAeOeNoe3533 of 2011 10 8 Mln case the Commissioner ordered payment of interest to the at the rateof 12 per cent from the date of filingof the claim petition to the date of passing of the award and atthe rate of 12 per cent per annum if the amount of m 1 compensationwas not within one month from the date 0 of passingof the award However the claimantsrespondents will 0 be entitled to receive interest at the rate of 9 per cent per from C4 the dateof filing of the claim petition till the date of passingof I the award and further interest at the rate of 9 per cent per Z annum on the amount of compensationfrom 15122010 ie after m one month of the award which was given on 15112010 in case the amount of com pensation iee RsA119001las not been I deposited within one month of the passing of the award The Z impugnedaward is modified to the extent as indicated above 0 This appeaistands disposedof accordingly A V Z C PAL Qm June 01 2011 JUDGE ak Il 1 Rawat Seema 2013.04.22 16: 12 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document