UNITED INDIA INSURANCE CO. LTD Vs. PANKI

JUDGEMENT

(1.) THE United India Insurance Company Ltd., is aggrieved by the award dated 24.04.2009 passed by the Workmen's Compensation, Jodhpur whereby the learned Commissioner has awarded a compensation of Rs.4,07,700/- along with interest @ 9% per annum from 01.03.2005 i.e., a mother after the date of the accident, till the final payment of the amount, and has imposed a penalty of Rs.2 lacs on the employer.

(2.) THE brief facts of the case are that Tejaram was working as a driver on a tractor owned by respondent-non- claimant, Mohanlal. On 28.01.2005, while trying to bring foodstuffs for other employees of Mohanlal while discharging his duties as a driver, the tractor turned turtle. Consequently, Tejaram came under the trolley. He was seriously injured. He was rushed to the Civil Hospital. However, during the course of treatment, he expired. Having lost the sole bread earner of the family, his wife, four minor children and his mother filed a claim petition before the learned Commissioner. According to them, Tejaram was thirty-two years old and was earning Rs.4,000/- as monthly income. THEy claimed that despite the accident, Mohanlal did not pay them any compensation under the Workmen's Compensation Act 1923 (Henceforth referred as the Act). Thus, they filed a claim petition for Rs.8,11,000/- along with interest @ 18% per annum. In order to support their case, Tejaram's wife, Panki Devi examined herself as a witness and submitted eight documents. THE employer examined a single witness; the Insurance Company also examined two witnesses. After going through the oral and documentary evidence, the learned Commissioner passed the award dated 24.04.2009 in the aforementioned terms. Hence, this appeal by the Insurance Company.

(3.) THE issues whether the Insurance Company is liable to pay interest amount or not, and the issue as to from which date the interest would be payable, both these issues are not longer res integra as they have been settled by the Apex Court. In the case of Ved Prakash Garg V/s. Premi Devi & Ors. [(1997) 8 SCC 1], the Apex Court had clearly held that the Insurance Company would not only be liable for payment of principal compensation amount, but would also be liable to pay interest thereon, if any, imposed by the Commissioner on the employer under Section 3 and Section 4-A(3) of the Act.