36 1 r e1m 1 FeAaOeNoal7O of 1998e l la 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB 8 HARYANA AT CHANDIGARH 1 Date of Decision2 June l 20110 1 Ct 0 FeA Noa170 of 1998 0 I Smt Bimla and others eeeaAppellants t5 I Versus Z Mlse Onkara Roadways through Meharban Singh and another nRespondents C2 I C CORAM HONBLE MReOUSTICE MOHINDER PAL Z 1 Whether Reportersof Local papers may be aliowed to see OO the judgment2 2 To be referred to the Reportersor not7 V 3 Whether the judgmentshould be reportedIll the Digest7 Z Il Presentl None for the appellantse Mr NR Khosla Advocate for respondentNo2 MOHINDER PAL Je Bimla Sango Siri Ram and Sardaro in this appeal have prayedfor increase of compensationof Rsl293181 e Rs862121 as compensationand Rs31061 as penaltyl awarded to them by the Commissioner under . Rashmi 2012.09.06 11: 29 True Scanned Copy Of the Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:30 I attest to the accuracy and integrity of this document 37 4 t P 4 FeAONosl7O of 1998e 1 t 1 Workmens Act 1923 Rewari hereinafter referredto as the Commissione vide award dated 10A 1995 for the death of DayaRam while in the employmentof respondentNo AppellantBimla IS the widow of DayaRam appellantSango isthe 1 rninor daughterand appellants Siri Ram and Sardaro are the 0 parentsof DayaRam 0 Daya Ram deceasedlwas Ill the employmentof Mlsa I C9 Onkara Roadways respondent NolI as Driver Meharban Singh I partner of respondent No in his statement beforele Z Commissioner admitted that DayaRam was his driver on truck NoHR29B6414 and met with an accident duringthe course of his 0 employmentand died on the spot while he was driving the vehicle I He further admitted that DayaRam was gettingmonthlysalaryof Z Rs 12001 At the time of death DayaRarn was aged about 27 00 yearSe The Commissioner held that according to the factor 7 prescribed under Schedule IV of the Workmens CompensationAct Z the claimants were entitled fOr a sum of Rs862121 as compensation from the Oriental Insurance CompanyLimited respondent No2 lereinafter referred to as the Insurance Companyl Since the truck in question was insured with it Besides the Commissioner imposedpenalty of RsA31061 on the Insurance Company The Commissioner directed the respondents to deposit the aforesaid amount within 30 days from the date of award failingwhich they were Iiable to pay interest at the rate of 12 per cent per annum It has been held by the Honble SupremeCourt in the . Rashmi 2012.09.06 11: 29 True Scanned Copy Of the Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:30 I attest to the accuracy and integrity of this document 38 1 r 3 Cl FAeOaNosl7O of 1998 J case of Ved Prakash Garq Vse Premi Devi and Otherse C19971 8 SCC that the Insurance Companywill not only be Iiable to paythe principalamount of compensationbut also interest thereon if any imposed by the Commissioner But the Insurance m C Companywill not be Iiable to reimburse the additional amount 0 of compensationby way of penaltyimposedby the Commissioner 0 In view of this the Insurance Company will not be Iiable to pay I 0 the penalty amount to the So far as the quantumof compensation amount is Z concerned there is no straitjacket formula by which the 2 amount of compensation can be estimated However the same C can be gauged keeping in view the status of the parties especiallythe claimants the manner in which the accident had t Z taken place Iife span of the deceased expenses incurred on the Iast rites agony of the claimants etc The Commissioner after n0 appreciating the entire evidence awarded compensation of nmo Z Rs862121 and RsA31061 as penalty The amount of Qm compensationawarded by the Commissioner keepingin view the facts and circumstances of the case appears to be a bit on the Iower side Besides since the award was passed by the Commissioner on 10A 1995 I am of the considered opinion that the appellantswill be put to a great financial hardshipif the amount of penalty of RsA3106 IS reduced from the total amount payableto them at this stage Accordinglykeeping in View the peculiar facts and circumstances of the case it is odered that the a mount of penaity of RsA31061 wili be . Rashmi 2012.09.06 11: 29 True Scanned Copy Of the Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:30 I attest to the accuracy and integrity of this document 39 9 4 11 4m FeAe0Noa170 of 1998e r converted towards compensationpayableto the claimants appellants In view of the above the Insurance Companywill not be iiable to pay the amount of penalty as imposed by the 1 Commissioner and the appellants will be entitled to receive 0 interest at the rate of 9 per cent per annum on the amount of Co compensation 1e Rs293181 as quantifiedabove from 1 I C9 10051995 ie after one month of the award which was given on I 101 1995 in case the said amount had not been deposited Z within one month of the passing of the award The impugnedaward is modified to the extent as indicated above This appealstands disposedof accordingly I t0 Z MOHINDER PALI June 1 1 2011 JUDGE ak Qo Z 0m S 4 6 11 1 . Rashmi 2012.09.06 11: 29 True Scanned Copy Of the Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:30 I attest to the accuracy and integrity of this document