NATIONAL INSURANCE CO Vs. DAYAL KAUR SMT

JUDGEMENT

(1.) THE delay in filing the appeal is condoned. Appeal admitted.

(2.) AFTER hearing the learned counsel for the parties, I am of the opinion that only limited interference is called for in this appeal. I am of the opinion that Rs. 10,000/- which has been imposed as costs to be paid personally by the Assistant Divisional Manager, National Insurance Company, Pathankot, is not justified. It is also the case of the parties that the accident had taken place on March 18, 1992. It has been pointed out by Mr. Aggarwal, the learned senior counsel appearing for the Insurance Company that the amendment in Section 4-A of the Workmen's Compensation Act, 1923 raising the interest payable by an employer from 6% to 12% had been made in the year 1995 and as such could not be applied retrospectively. Mr. Laler, the learned counsel for the claimants has however, cited various judgments of our own High-Court as also the other High Courts, contending that the higher rate of interest was nevertheless payable.

(3.) AFTER hearing the learned counsel for the parties on this aspect of the matter, I am of the view that the argument of Mr. Aggarwal to the extent that interest at 6% was recoverable is justified as the accident had taken place prior to the amendment. The judgments cited by Mr. Laler do not justify his stand, as no such argument had been raised. With the aforesaid modifications, this appeal is dismissed.