IN THE HON’BLE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. FAO (WCA) 348 of 2007. Date of decision June 18, 2008. New India Assurance Co. … Appellant. Versus Smt. Promila Sharma and others … Respondent. Coram: The Hon’ble Mr. Justice Dev Darshan Sud, J. Whether approved for reporting?1 Yes. For the appellant Mr. B.M.Chauhan, Advocate. For the respondents Mr. Ramakant Sharma, Advocate. Dev Darshan Sud, J. (Oral) The appellant Company has challenged the award of the Commissioner, Workmen’s Compensation, Nalagarh, District, Solan, urging interalia that the Commissioner has erred in awarding interest at 12% per annum from one month after the date of the accident till realization and submitting that this is contrary to the judgment of the Hon’ble Supreme Court in National Insurance Co. Ltd. versus Mubasir Ahmed and another, 2007 (2) SCC 349. This is one 1 Whether Reporters of Local Papers are allowed to see the judgment? Yes. - 2 - of the substantial questions of law raised for determination. This submission cannot be accepted, in view of the decision of this Court in FAO (WCA) No. 270 of 2002, titled Sita Ram v. Satvinder Singh and another, decided on 30th May, 2008, where this Court has held that the Constitution Bench decision of the Supreme Court in Partap Narain Singh Deo v. Shrinivas Sabata and another, AIR 1976 SC 222 was contrary to the dictum laid down in the case of Mubasir Ahmad (supra) and it was the Constitution Bench decision which would apply. It was held: “The Constitution Bench had already decided the question as to when compensation falls due in terms of the Workmen’s Compensation Act, 1923. Unfortunately, this decision of the Constitution Bench was not brought to the notice of the Apex Court while deciding National Insurance Co. Ltd. Versus Mubasir Ahmed and another, 2007 ACJ 845. Therefore, I feel that this Court is bound by the judgment rendered by the Constitution Bench of the Apex Court and I accordingly hold that the compensation falls due on the date when the accident takes place and in case the same is not deposited within thirty days, the - 3 - workman is entitled to claim interest at the rate of 12% per annum without having to show that delay in depositing the compensation was attributable to the employer. While taking this view, I am supported by a Division Bench judgment of the Kerala High Court reported in National Insurance Co. Ltd. versus Rekha, 2008 ACJ 886.” On the second question raised that the death of Babu Ram was on account of negligence of employer M/S Plaza Cable and Himachal Pradesh State Electricity Board, it is a pure finding of fact and cannot be urged as a question of law. The judgment also does not support the contention of the appellant that the employer and the State Electricity Board were jointly negligent in causing the accident. There is no merit in this appeal, which is dismissed. There shall be no order as to costs. June 18, 2008 (PC) (Dev Darshan Sud), J.