FAO No. 2120 of 2010 (1) In the High Court of Punjab & Haryana at Chandigarh FAO No. 2120 of 2010 (O&M) Date of decision : 12.5.2011 The New India Assurance Company ..... Appellant vs Chanchal Rani and others .... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. R. C. Kapoor, Advocate, for the appellant. Rajesh Bindal J. The present appeal has been filed by the Insurance Company against the order dated 30.12.2009, passed by the Commissioner under the Employees' Compensation Act, 1923 (for short, 'the Act'). Briefly, the facts of the case are that Yashpal (since deceased) was employed with respondent no. 4, as driver, on monthly salary of ` 5,000/-, besides other allowances. On 8.8.2007, while on duty, he met with an accident and died at the spot. At the time of death, he was about 35 years of age. The claim petition filed by widow, daughter and mother of the deceased Yashpal was allowed awarding compensation of ` 3,94,120/- along with interest @ 12% per annum from the date of filing of claim petition i.e. 5.8.2008 till the date of payment. 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 from the date of filing of claim petition. He submitted that accident in the present case took place on 8.8.2007, claim petition was filed on 5.8.2008, and decided on 30.12.2009. After the decision of the claim petition, the Insurance company had deposited the compensation on 19.2.2010. After the decision of the claim petition, the appellant Insurance company had deposited the compensation without any delay. The period for which the FAO No. 2120 of 2010 (2) claim remained pending with the court, the insurance company is not liable to pay the interest. Heard learned counsel for the appellant 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. In the present case, the appellant insurance company has deposited the amount of compensation after two months of the award of the Commissioner but no reason has been given for this delay. Moreover, the Commissioner has ordered for payment of interest from the date of filing of claim petition, but as per aforesaid judgments, 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. In view of the above, finding no merit in the appeal, the same dismissed. 12.5.2011 (Rajesh Bindal) vs. Judge