38 Il r 1e FAeO Noa3092 of 2011 lO S Mln IN THE HIGH COURT FOR THE STATES OF PUNJAB 8 HARYANA AT CHANDIGARH 1 Date of Decision June l 2011 1 0 FOs Noe3092 of 2011 1O S Mle 0 0 National Insurance Company Limited eAppeant Versus 1 Z 5C Asha Devi and others eRespondents CORAM HONBLE MRJUSTICE MOHINDER PAL Z 1 Whether Reporters of Local papers may be allowed to see CO the judgment7 2a To be referred to the Reportersor not7 3e Whether the judgmentshould be reportedin the Digest7 Z Presentl Mre RC Gupta Advocate for the appellant MOHINDER PAL J NationalInsurance CompanyLimiteclereinafter referred to as the Insurance Companyl has preferred this appeal againstthe order 1 award dated 281201 1 passed by the commissioner under Workmens Compensation Act 1923 Circle 2 Panipat lereinafter referred to as the Commissionerlwhereby the Nos 1 to 3 herein Nidow and minor 1 1 Anita 2013.04.23 11: 51 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 39 2 F O No 3092 of 2011 O S Mle children of Anil Kumar alias BhoIa Ram who was admittedly working as a Driver on Canter NoHR673344 owned by respondentNo4 were held entitled to the compensation to the tune of Rs3 510801 along with interest at the rate of 12 l per cent per annum from the date of filing of the claim petition 0 till the date of passing of the award taking the salary of the 0 I deceasevorkman as Rs000e per month It was further ordered by the Com missioner that if the Insu ra nce Com pany failed to deposit the amount of compensationIee Rs510801 Z alongwith interest at the rate of 12 per cent per annum within thirtydays of the passingof the award the Insurance Company would be Iiable to pay interest at the rate of 12 per cent per annum I from the date of the award till its realization Z Anil Kumar alias Bhola Ram aged about 43 years C was admittedIyworking as a Driver on Canter NoHR67 3344owned by respondent No4 On 2 2008 at about 9110 Z P Anil Kumar alias Bhola Ram vorkmai while alighting from the said vehicle fell down on he road and received injuryon the back of his head Ieadingto his death RespondentNol is the wife of the workman and respondentsNos 2 and 3 are his minor children In the written statement filed by respondent NoA it was admitted that the deceased was workingas a Driver on the said vehicle with respondent NoA The accident was also admitted by respondent NoA The vehicle in question had been insured with the Insurance Company In view of the admitted position that the deceaseda Anita 2013.04.23 11: 51 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 40 P 3 F0n Noa3092 of 2011 tO S Ml workman was an employeeof respondent NoA a nd died during the course of employmentwhile giving duty on Canter No HR673344 owned by respondentNo 4 which was insured with m the Insurance CompanyI do not see any ground warranting L interference in the impugned award so far as award of 0 compensationto the dependentsof the workman is concerned as 0 I the alount of compensationI eee Rs510801 is not at all on 0 the excessive side r 1m It has been held by the Honble Supreme Cou rt in the Z case of Ved Prakash Garq Vse Premi Devi and Others19971 8 SCC that the Insurance Company will not only be Iiabie to pay the principalamount of compensation but also interest thereon if any imposed by the Commissioner As noticed above in this Z Cr case the Commissioner ordered payment of interest on the CO amount of compensation to the claimantrespondentsat the rate of 12 per cent from the date of filingof the claim petition to Z the date of passing of the award and at the rate of 12 per cent fl per annum if the amount of compensationwas not deposited within One month from the date of passingof the award However the wlll be entitled to receive interest at the rate of 9 per cent per annum from 2822011 ie after one rnonth of the award which was given on 282011 on the amount of compensation till its realization lll case the amount of compensation 1e Rs510801 along with interest at the rate of 9 per cent per annum from the date of filing the claim petition till the date of passing of the award has not been deposited Anita 2013.04.23 11: 51 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 41 r w4w FAeOe No31192 of 2011 lO Mle within one month of the passingof the award The impugned award Is modified to the extent as indicated above This appealstands disposedof accordingly 1 CC PALI 0 June 1 2011e JUDGE 1 teel ak 1 4r Z 2 1 r I C Z C D2 rt aa e Z Ll tJ In 4 Anita 2013.04.23 11: 51 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