42 1 elt 1 1 FAm04oe3531 of 2011 l0 8 Mle IN THE HIGH COURT FOR THE STATES OF PUNJAB S HARYANA AT CHANDIGARH Date of Decisionl Oune 012011 0 FeA0 Noe3531 of 2011 10 8 Mle 0 I ICICI Lombard General Insurance Company Limited enneeee Appellant Versus Z Surinder Kaur and others C I CORAM HONBLE MR3USTICE MOHINDER PAL Z 1 Whether Reportersof Locai papers may be allowed to see the judgment2 Q0 2e To be referred to the Reporters or not7 3e Whether the judgmentshould be reportedlll the Digest7 Z Presentl MrMrigankSharma Advocate ll for the appellant MOHINDER PAL Je Civil Misca Noe12471 mCII of 2011 For the reasons stated in the application which IS supportedby an aftldavit the sameIS allowed and the delayof 51 daysin filingthe instant appealis condoned FAn0e Non3531 of 2011 O 8 Mle ICICI Lombard General Insurance Company Limited Rawat Seema 2013.04.22 16: 12 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document 1 43 0 2m FeAOe Noe3531 of 2011 lO S Ml hereinafter referred to as the Insurance CompanyJ has preferred this appeal againstthe order l award dated 102011 passed by the Commissioner under Workmens Act 1923 and Assistant Labour Commissioner 1 0 Olereinafterreferred to as the Commissionerlwhereby 0 the claimantsrespondentsNos 1 to 4 herein wife rninor sons 0 and fatherof deceased DilbaghSingh who was admittedly working as a CoDriver on Truck Trailer bearing registration I NoHR5500545 owned by respondent No 5 were held Z entitled to the compensation to the tune of Rs3683401 taking the salaryof the deceasedeworkman as Rs20001eper month It C was further ordered that the claimants will be entitled to simple I interest at the rate of 12 per cent per annum with effect from Z 862009 ie one month after the accident It was further rio ordered by the Commissioner that if the Insu rance Company failed to deposit the amount of compensationalongwith interest Z atthe rate of 12 per cent per annum within thirtydays of the 0m passing of the award the Insurance Company would be Iiable to pay interest at the rate of 12 per cent per annum on the amount of compensationfrom the date of the order till its reaiization Dilbagh Singh deceasec aged about 40 years was admittedlyworking as a CoDriver on the sa id vehicle owned by respondentNo On 8 2009 DilbaghSingh was travelling as a CoeDriver along with Driver Davinder Singh The vehicle met with an accident and fell into Kali Bein Bridge in the area of Police Station SubhanpurDistrict Kapurthala Rawat Seema 2013.04.22 16: 12 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document 1 44 0 e3 FeA0403531 of 2011 l0 8 Mle Both DilbaghSingh and Davinder Singh died at the spot DDR No19 dated 852009 was got recorded at Police Station District Kapurthalaregardingthe accident Respondent Nol IS the wife of Dilbagh Singh leceasedJ respondentsNo2 and 3 are minor sons and respondentNoA is the father of 0 DilbaghSingh RespondentNo owner of the vehicle in question 0 Z in the written statement admitted the age salary employmentof the deceased and the factum of accident The vehicle in question had been insured with the Insurance Company Z In view of the admitted position that the deceaset workman was an employeeof respondentNo5 and died during the course of employmentwhile giving duty at the vehicle in I questionowned by respondentNo 5l which was insured with the Z Insurance Company I do not see any ground warranting CQ interference in the impugned award so far as award of 5r compensation to the dependentsof the workman is concerned as Z the amou nt of compensation1ee Rs3683401 is not at all on rL the excessive side It has been held by the Honble SupremeCourt in the case of Ved Prakash Garq Vse Premi Devi and Others 19971 8 SCC that the Insurance Company will not only be Iiable to pay the principalamount 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 per annum with effect from 862009 ie one month afterthe accident It Rawat Seema 2013.04.22 16: 12 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document 45 t 4 FA0 No531 of 2011 l0 8 Mle was further ordered by the Commissioner that if the Insurance failed to deposit the amount of compensation along with interest at the rate of 12 per cent per a nn u m within thirtydays of the passingof the award the Insurance Company 1 wouldbe Iiable to pay interest at the rate of 12 per cent per annum 0 on the amount of compensationfrom the date of the order till its 0 realization However the will be entitled to receive interest at the rate of 9 per cent per annum instead of 12 per per annum as ordered by the Commissioner The Z award is modified to the extent as indicated above This appealstands disposedof accordingly rL Z t3 MOHINDER PAL I June Ol 2011 JUDGE Z ak CQ Z 11 1 1 J 1 Rawat Seema 2013.04.22 16: 12 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document