FAO (WCA) No. 384/2005 28.4.2009 Present: Mr. Sanjeev Kuthiala, Advocate, for the appellant. Mr. Neel Kamal Sharma, Advocate, for respondents No. 1 to 4. Mr. Dinesh Thakur, vice counsel for respondent No.5. After the matter was heard for some time Mr. Neel Kamal Sharma, learned counsel for respondents No. 1 to 4, under instructions from his clients stated that his clients would be willing to receive Rs. 1,78,400/- plus Rs. 2500/-, basic compensation awarded by the Commissioner Workmen under the Workmen’s Compensation Act, 1923 (hereinafter referred to as the Act). On the issue of interest Mr. Neel Kamal Sharma, fairly stated that since the owner had disputed the claim, keeping in view the provisions of Section 4 of the Act and also the decision rendered by the Apex Court in National Insurance Co. Ltd. vs. Mubasir Ahmed and another, 2007 ACJ 845 (SC) and New India Assurance Company vs. Tahira Begum and others, Latest HLJ 2007 (2) 1212 (HP), the claimants/respondents would not be entitled to interest as awarded in the impugned award by the Commissioner under the Workmen Compensation Act. The claimants had filed a petition under Sections 3 and 4 under the Workmen’s Compensation Act, 1923 claiming compensation of Rs. 5 lacs on account of the death of late Shri Jagar Nath. The same stood decided in terms of award dated 7.7.2005 passed in file No. 2 of 2002, titled Smt. Kunta Devi and others versus Shri Dharm Singh and another. In response to the -2- claim petition both the owner of the vehicle as also the insurer disputed the liability inter alia on various grounds. The Commissioner finally awarded a sum of Rs. 1,78,400/- as compensation plus Rs. 2500/- as funeral expenses. Interest was also awarded thereupon from the date of the death. In view of the statement made by learned counsel for the claimants/respondents, the impugned award dated 7.7.2005 is modified. The appellant would be entitled to refund of the excess amount deposited in this Court, along with the interest. It is clarified that out of the total amount deposited by the appellant, the claimants/respondents shall only be entitled to a sum of Rs. 1,78,400/- plus Rs. 2500/-. With the aforesaid observations the present appeal is partly allowed and the impugned award modified accordingly. The parties shall be at liberty to move appropriate applications for withdrawal of the deposited amount. (Sanjay Karol), Judge. April 28, 2009 (PK)