In the High Court of Punjab and Haryana at Chandigarh ..... CM No.20417-CII of 2011 and F.A.O. No.5545 of 2011 (O&M) ….. Date of decision:24.8.2011 National Insurance Company Limited .....Appellant v. Balwan Singh and another .....Respondents ….. CORAM : HON'BLE MR. JUSTICE MOHINDER PAL ….. 1. Whether reporters of local papers may be allowed to see the judgment? 2. To be referred to the reporters or not? 3. Whether the judgment should be reported in the digest? Present: Mr. Paul S. Saini, Advocate for the appellant. ….. Mohinder Pal, J. CM No.20417-CII of 2011: For the reasons mentioned in the application, which is supported by an affidavit, the same is allowed and the delay of 47 days in filing the present appeal is condoned. F.A.O. No.5545 of 2011(O&M): The National Insurance Company Limited (hereinafter referred to as `the Insurance Company') has preferred this appeal against the order/award dated 21.3.2011 passed by the Commissioner under the F.A.O.No.5545 of 2011 (O&M) [2] Workmen's Compensation Act, Circle Hisar (hereinafter referred to as `the Commissioner') whereby workman-Balwan Singh (respondent No.1), who has suffered 45 per cent disability in the employment of respondent No.2, was held entitled to the compensation to the tune of `41,405/-. It was further ordered by the Commissioner that if the Insurance Company failed to deposit the amount of compensation within thirty days of the passing of the award, the Insurance Company would also be liable to pay interest at the rate of 12 per cent per annum on the aforesaid amount of compensation from the date of the order till its realization. The workman-respondent No.1 was employed with Haryana Roadways, Hisar (respondent No.2) as a Washing Boy and was getting `5,300/- per month as his salary. On 2.1.2003, while the workman was doing his scheduled duty on bus bearing registration No.HR-39-8321 in the workshop of respondent No.2, he met with an accident as he trapped between two buses as a result of which he sustained serious bodily injuries. The workman remained admitted in N.C. Jindal Institute of Medical Care and Research, Hisar from 2.1.2003 to 16.1.2003. He, thereafter, remained in continuous treatment in Ch. Hoshiar Singh Dalamwala Dharmarth Trust Hospital, Jind upto 10.5.2003. Disability of the workman was assessed at 45 per cent as certified by the Medical Board. He had to spent a huge amount on his treatment. Taking into account the disability to the extent of 10 per cent and monthly salary amounting to `4,000/- and sufferings of the workman-respondent No.1, the Commissioner had awarded the aforesaid amount of compensation i.e. `41,405/-. Since the bus of respondent F.A.O.No.5545 of 2011 (O&M) [3] No.2 was duly insured with the insurance company-appellant, it (appellant) was held liable to pay the compensation. The amount of compensation, in no way, be said to be on the higher side. It has been held by the Hon'ble Supreme Court in the case of Ved Prakash Garg v. Premi Devi and others, (1997) 8 SCC 1, that the Insurance Company will not only be liable to pay the principal amount 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 workman-respondent No.1 at the rate of 12 per cent per annum if it had not paid the compensation within thirty days of the passing of award. However, the workman-respondent No.1 will be entitled to receive interest at the rate of 9 per cent per annum, if the amount of compensation i.e. `41,405/- has not been deposited within thirty days of the passing of the award. The impugned award is modified to the extent as indicated above. The impugned award is modified to the extent as indicated above. With the modification of award in the manner indicated above, this appeal is hereby dismissed. August 24, 2011. (Mohinder Pal) Judge *hsp*