BALBIR SINGH Vs. SULOCHNA AND OTHERS

JUDGEMENT

(1.) CM No. 32359-CII of 2010 Present application filed under Section 5 of the Limitation Act, 1963, is for condonation of delay of seven (07) days in filing the appeal. Being insignificant delay and for the reasons set out in the application, the same is allowed and the delay of seven (07) days in filing the appeal is condoned. Main Case The appellant has filed present appeal under Section 30 of the Workmen's Compensation Act, 1923 (for short the 'Act') seeking quashing of Order dated 28.06.2010 whereby Ld. Commissioner, Karnal, has granted interest @ 12% upon determined compensation of Rs. 2,45,651/- from the date of filing claim application, as also discharged the Insurance Company from payment of interest.

(2.) The facts emerging from the pleadings and arguments of counsels are that Subhash Kumar was working as driver with the appellant who met with an accident on 21.03.2006 and died on the spot. The dependents of deceased-Subhash Kumar filed claim before Commissioner under the Act who vide Order dated 02.02.2010 awarded compensation of Rs. 2,45,651/- and further issued Show Cause Notice calling upon the parties as to why they should be held responsible for payment of penalty and interest. The said notice culminated into impugned order dated 28.06.2010 whereby Ld. Commissioner in addition to penalty @ 30% of compensation, awarded interest @ 12% per annum from the date of filing of claim application. Ld. Commissioner further held that interest and penalty shall be paid by the appellant and by the Insurance Company. The appellant has filed present appeal seeking quashing of order dated 28.06.2010 on the ground that interest is payable from the date of filing claim application whereas, it is payable from the date of determination and it is Insurance Company who is liable to pay interest and penalty and appellant.

(3.) Mr. Vijay Kajla, Advocate for the appellant strongly placed reliance upon judgment of Hon'ble Supreme Court in the case Kamla Chaturvedi v. National Insurance 2009 (1) PLR 354 in support of his both the issues/arguments namely (i) Interest is payable from the date of award and date of application for claim and (ii) It is liability of Insurance Company to pay interest and penalty.