NATIONAL INSURANCE CO LTD Vs. CHUNKI BAI

JUDGEMENT

(1.) HEARD learned counsel for the parties on appeal itself finally in view of the fact that according to the learned counsel for the appellant, the only issue involved in this appeal is whether the appellant insurance company can be held liable to pay penalty imposed under the Workmen's Compensation Act? And whether there can be award of interest from the date of accident?

(2.) SO far as the first issue is concerned, the Hon'ble Supreme Court has already laid down that the insurance company cannot be held liable for payment of penalty amount when compensation is awarded under the Workmen's Compensation Act. There was a Division Bench judgment taking a contrary view, then the matter was referred to a larger Bench by this Bench upon which the Division Bench of this court in D. B. Civil Special Appeal No. 768 of 2005 held that the insurance company cannot be held liable for penalty amount awarded under the provisions of the Workmen's Compensation Act.

(3.) IN view of the above, the appellant insurance company is not liable for payment of penalty amount awarded under the provisions of Workmen's Compensation act.