Court No. - 27
Case :- FIRST APPEAL FROM ORDER No. - 680 of 2018 Appellant :- Luxmi Devi And Ors Respondent :- Deepak Kumar Gupta Nad Anr Counsel for Appellant :- Amit Kumar Verma
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard Sri Amit Kumar Verma, learned counsel for the appellant and Sri S.K. Mehrotra, learned counsel for the Insurance Company. The presence of the owner is not necessary.
This appeal though is of the year 1988 is taken up for final disposal as in the earlier occasion on 13.2.2018, the following order was passed:-
"An advance copy of the memo of appeal be given to Sri S.K. Mehrotra, Advocate who normally appears for United India Insurance Company Limited.
List for admission hearing on 26.2.2018 as the issue raised in a very narrow compass that whether the Commissioner, Workmen Compensation can grant interest by default clause. Sri Mehrotra may even to enquire from the Insurance Company whether the owner or the Insurance Company had paid the amount to claimants."
The learned counsel for the appellant has heavily relied on the decision rendered in the case of Surekha and others Vs. Branch Manager, National Insurance Co. Ltd. and another, 2018 (1) T.A.C. 10 (S.C.), and has submitted that the Commissioner has committed mistake rather an error which goes to the root of the matter and it is a question of law that rate of interest 12 per cent could have been awarded.
Sri S.K. Mehrotra, learned counsel for the United India Insurance Company Limited has submitted that the provisions of law will permit such an order.
Unfortunately, I am unable to accept the submission of Sri S.K. Mehrotra. The amount being paid has to be paid with interest. It is not contingent whether the amount is paid after one month or within one month of the award and that benefit of not paying the interest would be given to the Insurance Company and the owner if they had deposited the amount at the very moment when it became due, namely, i.e., from the date when the accident occurred, i.e., on 29.4.2016. Therefore, the interest would be payable from the date of accident or death. The respondent shall re-calculate the amount and deposit the interest within 18 weeks from today.
The present appeal is allowed accordingly.
Order Date :- 26.2.2018 Ram Murti