NATIONAL INSURANCE COMPANY LTD Vs. SARINDER KAUR

JUDGEMENT

(1.) VIDE impugned award dated November 30, 2005, Commissioner, under the Workmen's Compensation Act, 1923, granted compensation to the respondents- claimants to the tune of Rs. 3,38,880/-, on account of death of Shri Balbir Singh. Deceased was husband of respondent No. 1 and father of respondents No. 2 and 3. Relationship of master and servant between the deceased and respondent No. 1 is not in dispute. It is primary grievance of counsel for the appellant that the Insurance Company could not have been held liable to pay interest on the amount of compensation assessed by the Court below. At the time of arguments, counsel has failed to show that in the Insurance policy, there was any clause incorporated to the extent that payment of interest, on compensation awarded shall not be the responsibility of the Insurance Company. Otherwise also, in view of ratio of the judgment in Ved Parkash Garg vs. Premi Devi and others, (1997) 8 Supreme Court Cases 1, argument raised by counsel for the appellant is not tenable. An attempt has been made to distinguish the aforesaid judgment by stating that in that case, it was insured, who was driving the vehicle, which met with an accident, but in this case, Driver was not insured. This Court is of the view that explanation offered by counsel for the appellant is not justified. Admittedly, deceased was working as a Driver and the vehicle was insured. As such claimants were entitled to get compensation after his death, which has occurred in a motor vehicle accident. In view of ratio of judgment of this Court in F.A.O. No. 326 of 2006, ( United India Insurance Company Ltd. vs. Shakuntla Devi and others), rendered on January 20, 2006, no case is made out for interference. Appeal Dismissed.