In the High Court of Punjab and Haryana at Chandigarh ...... F.A.O. No.4804 of 2011 (O&M) ..... Date of decision:11.8.2011 United India Insurance Company Limited .....Appellant v. Pritam Kaur and others .....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. Rajesh K. Sharma, Advocate for the appellant. ..... Mohinder Pal, J. Kala Singh alias Nidhan Singh (deceased-workman) son of Tehal Singh was admittedly working as a Driver on truck bearing registration No.HR-38A-4690 owned by respondent No.3 and was drawing a salary of `4,500/- per month. On 23.6.2006 at 12.30 p.m., Kala Singh along with cleaner Joga Singh of the said truck after loading goods in the truck, stopped the vehicle at a check-post for making the payment of the entry of the vehicle, where Kala Singh met with an accident with a Maruti F.A.O. No.4804 of 2011 (O&M) [2] Van, which was in the process of overtaking the truck, as a result of which he sustained multiple injuries including head injury. He was taken to Government Hospital, Udaipur, where he died on the same day i.e. 23.6.2006 on account of injuries suffered by him in the accident. At the time of death, he was 30 years old. Claimants-respondents No.1 and 2 were granted compensation to the extent of `4,15,960/- by the Commissioner under the Workmen's Compensation Act, 1923, Panchkula (hereinafter referred to as `the Commissioner’) vide award dated 21.2.2011. It was further ordered by the Commissioner that in case the amount of compensation was not deposited within 30 days from the date of intimation of the award, the whole amount of compensation would be recoverable with interest at the rate of 12 per cent per annum. Since the vehicle of respondent No.3 was insured with the appellant-United India Assurance Company Limited (for short - `Insurance Company’) the appellant was, therefore, liable to pay the amount of compensation. It was further ordered that for the purpose of interest and penalty, both the respondents were directed to appear before the Commissioner on 21.3.2011 at 11.00 a.m. to show cause as to why the interest and penalty under Section 4A of the Act should not be imposed on them. The Insurance Company has preferred this appeal against the order/award dated 21.2.2011 passed by the Commissioner. Respondent No.3-owner did not appear before the Commissioner in spite of its Manager Shri R.K. Sharma receiving the dasti notice and it was proceeded ex parte. The appellant raised the plea that there was no relationship of employer and employee between respondent No.3-owner and Kala Singh-driver. Smt. Pritam Kaur, mother of the F.A.O. No.4804 of 2011 (O&M) [3] deceased appeared as AW-1 and stated on oath that her son was employed as Driver on truck No.HR-38A-4690 owned by respondent No.3 at a monthly salary of `4,500/-. AW-2 Nishan Singh son of Deva Singh appeared and stated on oath that he was working as Driver with M/s Milap Transport Punjabi Bagh, Delhi and he was known to deceased Kala Singh, Driver. He was working as Driver with M/s Naman Freight Carrier, Punjab Bagh, Delhi (respondent No.3). He also stated that at the time of accident of deceased Kala Singh, he was also present and after accident deceased Kala Singh was brought to Hospital, Nimbakhera with the help of cleaner Joga Singh of the said truck. Kala Singh then was referred to Govt. Hospital, Udaipur where he died due to injuries suffered by him in the accident. Learned Commissioner vide his award held that owner (respondent No.3) did not appear intentionally in spite of his Manager Shri R.K. Sharma receiving the dasti notice. The appellant did not lead any documentary evidence to disapprove the contention of the claimants, therefore, the contention of the appellant that there was no employer and employee relationship between the owner and Kala Singh was not accepted. The Commissioner taking the age of Kala Singh as 30 years as per (Ex.P.4) and taking the wages of the deceased as `4,000/- per month being maximum limit under the Act at the relevant period of the accident awarded the above compensation. As noticed above, in this case the Commissioner ordered payment of interest to the claimants-respondents No.1 and 2 at the rate of 12 per cent if the amount of compensation is not deposited within one month from the date of intimation of the award. However, the F.A.O. No.4804 of 2011 (O&M) [4] claimants-respondents No.1 and 2 will be entitled to receive interest at the rate of 9 per cent per annum instead of 12 per cent if the amount is not deposited by the Insurance Company within one month from the date of the award. The impugned award is modified to the extent as indicated above. With the above modification in the impugned award, this appeal is hereby dismissed. August 11, 2011. (Mohinder Pal) Judge *hsp*