Court No. - 3
Case :- FIRST APPEAL FROM ORDER No. - 2518 of 2018 Appellant :- Bajaj Alianz General Insurance Co. Ltd.
Respondent :- Smt. Anita And Anr.
Counsel for Appellant :- Pawan Kumar Singh
Hon'ble Pankaj Mithal,J. Hon'ble Rajiv Joshi,J.
The appellant-Insurance Company has preferred this appeal against the award dated 17.03.2018 passed by the Commissioner under the Employee's Compensation Act, 1923 (here-in-after referred to as the Act).
The Commissioner in awarding compensation has directed for the payment of interest from the date one month after the accident till the actual payment.
The argument of the learned counsel for the appellant- Insurance Company is that the liability to pay interest on the compensation awarded starts from the date on which the claim petition was filed and that in the present case the liability to pay interest for the prior period is upon the owner of the vehicle as he failed to take appropriate steps within the time provided under Section 4-A(3) of the Act.
Be as it may be the appellant-Insurance Company is not disputing the award of the compensation and the interest. What is being disputed is the apportionment of the interest liability. In case the appellant-Insurance Company is of the view that it had suffered loss on account of inaction on part of the owner of the vehicle in taking timely action, it can recover the loss/damage if any suffered by it due to above lapse from the owner of the vehicle in accordance with law.
The claimant-respondents cannot be made to suffer on account any dispute inter se the appellant-Insurance Company and the owner of the vehicle.
Accordingly, we find no merit in the appeal and the same is dismissed with the observation made as above.
Order Date :- 29.5.2018 piyush