1 39 r 1 4 FeAe0Ioe3009 of 2011 l0 8 Mln 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB 8 HARYANA ATCHANDIGARH 1 Date of Decision2 June 2011 1 0 FeAaOeNoe3009 of 2011 10 S Mle 0 I New India Assurance Company Limited Ippellant C5 Versus Z Sarabjit Kaur and others I CORAM HONBLE MRJUSTICE MOHINDER PAL Z le Whether Reportersof Local papers may be allowed to see Oo the judgment7 2a To be referred to the Reportersor not7 3e Whether the judgmentshould be reportedin the Digest7 Z tl Presentl Mr K Gupta Advocate for the appellant MOHINDER PAL 3 New India Assurance Company Limited hereinafter referred to as the Insurance Companyl has preferred this appeal against the order 1 award dated 222011 passed by the Commissioner under Workmens Compensation Act 1923 Gurdaspur hereinafter referred to as the Commissioner whereby the Nos l to 5 herein wife Anita 2013.04.23 11: 43 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 40 1 e2 FeAeOeNo 3009 of 2011 lO S Mle minor children and father of deceased Sukhdev Singhalias Sukha who was admittedlyworking as a Driver on Jeep Mahindra Max bearing registrationNo PB07R5688 owned by respondent NOe6 were held entitied to the compensation to the tune of tZ Rs3842801 along with interest at the rate of 9 per cent per 0 annum from the date of filingof the claim petition till its realization CO taking the salary of the deceasedworkman as RsA0001mper I C5 monthe It was further ordered by the Commissioner that if the Insurance Company failed to deposit the amount of Z com pensation iee Rs842801 alongwith interest at the rate of 9 per cent per annum within thirtydays of the passingof the award the Insurance Company would be Iiable to pay interest at I ethe rate of 12 per cent per annum from the date of fiiing of the Z claim petitiontill its realization C0 SukhdevSinghalias Sukha ieceasedJ aged about 37 7 years was admittedlyworking as a Driver on Jeep Mahindra Z Max bearing registration No PB5688 owned by respondent Noa6 On 12072009 Sukhdev Singhalias Sukha while drivingthe said vehicle met with an accident with a Car and succumbed to the injuries at the spot Respondent Nol is the wife of Sukhdev Singhalias Sukha lecease respondentsNos 2 to 4 are the mi nor children a nd respondent No5 is the father of SukhdevSinghaiias Sukha lecease Sukhdev Kumar espondent Noe6 owner of the vehicle in question in his written statement beforethe Commissioner admitted that Sukhdev Singhalias Sukha deceasedl was his driver and was on duty at the time of Anita 2013.04.23 11: 43 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 41 e FAeOn Noe3009 of 2011 lO S Mle accident which Ied to his death Sukhdev Kumar respondent No61 also admitted that Sukhdev Singhalias Sukha leceasedl died duringthe course of his employment with him respondent No61 The vehicle in question had been insured with the m Insurance Company 0 In view of the admitted position that the deceased 0 workman was an employeeof respondentNo6 and died during I C5 the course of employmentwhile giving duty at Jeep Mahindra Max bea ring registrationNo 7R5688 owned by respondent Z Noe 6 which was insured with the Insurance Company I do not 2 see any ground warrantinginterference in the impugnedaward 0 SO far as award of compensation to the dependentsof the I L0 workman is concerned as the amount of compensation ieee Z RSe3842801 is not at ali on the excessive side rio It has been held by the Honble SupremeCourt in the case of Ved Prakash Garq Vsa Premi Devi and Others 19971 Z 8 SCC that the Insurance Company wi11 notonly be liable to Il pay the principalamount of compensation but also interest thereon if any imposed by the Commissioner As noticed above in this case the Commissioner ordered payment of interest to the claimantsrespondentsat the rate of 9 per cent from the date of filingof the claim petition to the date of passing of the award and at the rate of 12 per cent per annum if the amount of compensation was not deposited within one month from the date of passingof the award However the claimantsespondents will be entitled to receive interest at the rate of 9 per cent per Anita 2013.04.23 11: 43 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 42 4w EeA0N6 20110 8 t 1 annum insteaOof 12 per cent per annum from 322011 Le after one month of the award which was given on 2202011 In case the amount of compensationRs84280 along wlth interest at the rate of 9 per cent per annum from the date of Imm fl fliingof the claim petitlon till the passlngof the impugnedaward 0 has not been deposlted within one month of the passingof the Ca3 awar The impugned award iS rnodifled to the extent as lr indicated above Thls appealstands disposedof accordingty Z r Q t 2 PALJ 2 June 2011 3UDGE 1 2 ak C11 Z st Q3 Z Clm f n 100 4r 41 Anita 2013.04.23 11: 43 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