FAO No. 3953 of 2010 (1) In the High Court of Punjab & Haryana at Chandigarh FAO No. 3953 of 2010 (O&M) Date of decision : 26.4.2011 United India Insurance Company Limited ..... Appellant vs Smt. Mahaviri and others .... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Sanjiv Pabbi, Advocate, for the appellant. Mr. Gaurav Jindal, Advocate for Mr. Rajesh Bansal, Advocate, for respondent no. 2. Mr. Naveen Daryal, Advocate, for respondent no. 3. Rajesh Bindal J. The present appeal has been filed by the Insurance Company against the order dated 29.3.2010, passed by the Commissioner under the Employees' Compensation Act, 1923 (for short, 'the Act'), Panipat. Briefly, the facts of the case are that Shamsher Singh (since deceased) was employed as conductor on Tanker No. HR-69-5371, on monthly salary of ` 4,000/-. On 23.12.2008 at about 2 pm, while on duty, he met with an accident and died on the spot. At the time of death, he was 35 years of age. The claim petition filed by his mother was allowed awarding compensation of ` 4,01,000/- along with interest @ 12% per annum from 23.1.2009. It is this order which is impugned by the appellant Insurance company in appeal before this court. Learned counsel for the appellant submitted that the Commissioner has wrongly burdened the appellant company by imposing interest on the amount of compensation. The compensation could be paid only after the assessment. FAO No. 3953 of 2010 (2) Heard learned counsel for the parties and perused the paper- book. At the time of hearing, learned counsel for the appellant has not been able to point out any clause in terms of the policy which granted exemption to the appellant from liability from payment of interest on the amount of compensation. Reference can be made to judgment of Hon'ble the Supreme Court in Kamla Chaturvedi vs National Isurance Company Limited and others 2009 ACJ 115, wherein it was held that the Insurance company cannot avoid its liability to pay interest on the ground that there is no contract entered into by it with the insured for payment of interest as there is no exception stipulated in the policy for payment of interest by insurance company. The issue regarding entitlement of interest to the claimants on the amount of compensation, has also been gone into by this court in New India Assurance Company Limited vs Manphool Singh and others (2008-1) PLR 706, wherein following judgment of Hon'ble the Supreme Court in Pratap Narain Singh Deo vs Srinivas Sabata (1976) 1 SCC 289, it has been opined that the claimants shall be entitled to interest not from the date of order/award of the Commissioner, but on expiry of one month from the date of accident. Accordingly following the principles laid down in the aforesaid judgments, the appeal is dismissed. 26.4.2011 (Rajesh Bindal) vs. Judge