SHEELA DEVI Vs. VEER PAL

JUDGEMENT

(1.) THIS claimants' appeal is directed against the judgment dated June 24th, 2009 passed by Commissioner under the Workmen's Compensation Act, 1923 (for short "the Act"), Karnal whereby he awarded an amount of Rs. 2,65,204/ - as compensation to the claimants on account of death of their son Bitu, aged 18 years, who was a cleaner on offending canter bearing No. HR -38 -J -8413 in a road accident on March 30th, 2005. The Commissioner also directed the National Insurance Company -insurer of the canter to deposit the amount awarded within 30 days from the date of passing of the order and in case of default, the insurance company was to pay simple interest at the rate of 12% on the amount of compensation till the date of realization. The judgment passed by the Commissioner has been assailed only on the short point of grant of interest. It is contended by counsel for the appellants that interest should have been paid with effect from 'thirty days after the suffering of injuries' and not with effect 'from the date of adjudication'. In support of this contention, reliance has been placed upon the judgments of the Hon'ble Supreme Court in (i) Pratap Narain Singh Deo versus Srinivas Sabata and Another : 1976 (2) SCC 289, (ii) Kerala State Electricity Board and another versus Valsala K. and another etc. etc. : AIR 1999 SC 3502 and of this Court, (iii) New India Assurance Company Limited versus Manphool Singh and others : 2009 ACJ 458; and (iv) Anish Nasrudin Kureshi and another FAO No. 2509 of 2011 decided on January 16th, 2012.

(2.) ON the other hand, learned counsel for the Insurance Company has urged that the Commissioner awarded the interest correctly as it was to be paid from the date of adjudication of the claim. Reliance has been placed upon judgment of Hon'ble Supreme Court in Kamla Chaturvedi versus National Insurance Company and others : 2009 (1) ACC 60 (SC).

(3.) IN Kerala State Electricity Board and another versus Valsala K. and another etc. etc. (supra), a Three -Judges Bench of the Hon'ble Supreme Court after relying upon the judgment of Pratap Narain Singh Deo's case (supra) held as under: -