28 r 1 FeAeOe Noe3012 of 2011 O a Ml IN THE HIGH COURT FOR THE STATES OF PUNJAB 8 HARYANA AT CHANDIGARH m tr Date of Decision June l 1 2011 0 0 FeAaOeNon3012 of 2011 lO 8 Ml C5 New India Assurance Company Limited Appeant d Z Versus L Shyam Devi and others assssnsRespondents I r Z CORAM HONBLE MRJUSTICE MOHINDER PAL Cll 1 Whether Reportersof Local papers may be allowed to see mvo the judgment7 Z 2 To be referredto the Reportersor not7 3e Whether the judgment should be reported in the Digest7 ll Presentl Mr RK Bashamboo Advocate for the appellant MOHINDER PAL 3 Civil Misce Noe10104 eCII of 2011 For the reasons stated in the application which IS supportedby an affidavit the sames allowed and the delayof 18 daysin reefilingthe instant appealis condoned Anita 2013.04.23 11: 44 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 29 2 FeAeOeNo 3012 of 2011 lO 8 Mle FeAeOeNoe3012 of 2011 l0 8t Mle New India Assurance Company Limited hereinafter referred to as the Insurance Company has preferred this appeal 10 againstthe orderl award dated 30112010 passed by the 0 Commissioner under EmployeesCompensationAct and Assistant 0 Labour Commissioner Moga hereinafter referred to as the 0 Commissione whereby the claimantsrespondentsNos 1 to 7 I herein wife mtnor children and parents of deceased Tipori Z Sharma who was admittedly working as a Conductorl Cleaner with respondentNo8 on Canter NoPB29D3849 owned by respondentNo were held entitled to the compensation I to the tune of Rs448551 along with interest at the rate of L Z 12 per cent per annum from the date of filing of the claim 00 petition till its realization taking the salary of the deceasede workman as Rs35001 per month A7 Z TiporiSharma deceasedl aged about 5 years was tl admittedlyworking as a Conductor 1 Cleaner on Canter No 29D9849 owned by respondent No 8 On 255 2009 Tipori Sharma was on the said Canter with BaljitArora respondent No who was driving the Canter The Canter met with an accident when a cow suddenly emergedon the road and the Driver of the Canter tried to save the cow Both Baljit Arora and TiporiSharma received injuries Tipori Sharma succumbed to the injurieson 26 52009 RespondentNo l IS thewifeof Tipori Sharma respondentsNos 2 to 5 are chiidren and respondents Anita 2013.04.23 11: 44 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 30 8 FeA0Ioa3012 of 2011 10 8 Mle Nos 6 and 7 arethe parents of Tipori Sharma leceasedJ In this case both Sushil Kumar owner of the Canter and BaljitArora Driver of the Canter have supported the contents of the claim m C petition TiporiSharma deceasedl was on duty at the time of 0 accident which Ied to his death The vehicle in question had 0 been insured with the Insurance Company I C In view of the admitted position that the deceasec workman was an employeeof respondentNo8 and died during Z the course of employmentwhile giving duty on Canter NoPB 29D9849 owned by respondentNo 8 which was insured with the l Insurance Company I do not see any ground warranting I interference in the impugned award so far as award of C3 Z to the dependentsof the workman is concerned as CO the amount of compensation1eee Rs448551 is not at all on 7 the excessive side n7 Z It has been held by the Honble SupremeCourt in the Om case of Ved Prakash Garq Vsa Premi Devi and Others 19971 8 SCC that the Insurance Company will not only be IiabIe to paythe principaiamount of compensationbut also interest thereon if any imposed by the Commissioner As noticed above in this case the Commissioner ordered payment of interest to the at the rate of 12 per cent from the date of fiiing of the claim petition till realization However the will be entitled to receive interest at the rate of 9 per cent per annum instead of 12 per cent per annum Anita 2013.04.23 11: 44 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 31 4e l FAnOe 2011 CO8 Mle thedate of the fillngof the claim petitiontlll realizatlon The from is modified to the extent as indicatedabove This standsdisposed of accordlngly m 0 PALI OUDGE 0 lune 1 1 2011 0 ak 1 r r4 Z 5t e Ct Ct t3 Z c Cfl c 7 Z L 4 l6 c7 Anita 2013.04.23 11: 44 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