NEW INDIA ASSURANCE COMPANY Vs. AKSHAY KUMAR

JUDGEMENT

(1.) THIS appeal has been preferred by the Insurance Company against the award made by the Commissioner, under the Workmen's Compensation Act, Shimla awarding a sum of Rs.4,84,542/ - to the petitioners who are the son, daughter and wife of deceased Mohan Lal who died in a motor accident. This appeal was admitted on 23.6.2008 on questions of law as set out in the appeal:

(2.) ADVERTING to the third question, in Mohan Lal v. Smt. Veena Devi & Ors. 2010 (1) Him.LR.27, referring to the decision of the Supreme Court in National Insurance Company Limited v. Parvathneni and Anr., (2009) 8 SCC 785, this court held: 7. Learned counsel appearing for the claimants submits that the Insurance Company would be free to recover this amount in execution from the owner. He placed reliance on the decision of the apex Court in National Insurance Company Limited v. Parvathneni and Anr. (2009) 8 S.C.C. 785 in which it has been held as under :

(3.) The law that the Insurance Company can be asked to satisfy the award has as yet not been changed. Judgments of the Supreme Court on this point still hold the field." (P. 29) I also find on the decision of FAO. No. 444 of 2008 decided on 18th December, 2008 that a direction can be issued to the Insurance Company to deposit the amount in question before recovering it from the owner.