ORIENTAL INSURANCE COMPANY Vs. JARINA & OTHERS

JUDGEMENT

(1.) This insurer's appeal is directed against the judgment dated November 30th, 2010 passed by Commissioner under the Workmen's Compensation Act, 1923, Mewat (for short 'the Commissioner'), whereby, claimants - respondents were awarded compensation of Rs. 4,51,461/- (including interest from after one month of the accident) with a direction to the insurance company to deposit the amount within 60 days from the date of passing of judgment failing which it was to pay interest at the rate of 12% per annum from the date of passing of judgment till realization on account of death of Ishak Khan. The solitary submission of learned counsel for the appellant is that the Commissioner fell in error in awarding interest from the date of accident rather it should have been awarded from the date of adjudication.

(2.) In Sh.Anish vs. Nasrudin Kureshi and another FAO No. 2509 of 2011 decided on January 16th, 2012, this Court after relying upon judgments of the Hon'ble Supreme Court in (i) Pratap Narain Singh Deo vs. Srinivas Sabata and Another, 1976 1 SCC 289 (ii) Kerala State Electricity Board and another vs. Valsala K. and another, 1999 AIR(SC) 3502 and of this Court, (iii) New India Assurance Company Limited vs. Manphool Singh and others, 2009 ACJ 458 held as under:-