NATIONAL INSURANCE COMPANY LIMITED, REPRESENTED BY ITS DIVISIONAL MANAGER Vs. SMTI. UMA DEBNAT AND SRI RATI RANJAN SAHA

JUDGEMENT

(1.) THE short issue involved in this appeal is whether the insurance company should be held liable to pay the interest or not.

(2.) IN my view, the insurance company cannot escape its liability to pay interest. Reference in this behalf may be made to the judgment of the Apex Court in Oriental Insurance company ltd. v. Siby George & Ors., : 2012 AIR SCW 4384. Reliance placed on the judgment of P.J. Narayan v. Union of India and others : 2004 ACJ 452 is totally misconceived. Infact, in New India Assurance Co. Ltd. v. Harshadbhai Amrutbhai Modhiya and another in : (2006) 5 SCC 192, the Apex Court dealing with this issue, held as follows:

(3.) THEREFORE , the appeal is allowed and the award of the Commissioner, Workmen's Compensation, is modified to the limited extent that the insurance company shall be liable to pay the interest on the awarded amount. The entire amount be deposited within 4 (four) months from today.