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NEW INDIA ASSURANCE COMPANY LIMITED versus RAVI KUMAR & ANR

High Court of Punjab and Haryana, Chandigarh

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NEW INDIA ASSURANCE COMPANY LIMITED v. RAVI KUMAR & Anr - FAO-664-2006 [2006] RD-P&H 167 (17 January 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

FAO No.664 of 2006

Date of Decision: 31.01.2006

Parties Name

New India Assurance Company Limited

Appellant

versus

Ravi Kumar and another

Respondents

CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
Present: Shri Paul S.Saini, Advocate for the appellant JUDGMENT

In this appeal, challenge has been laid to the award given by the Commissioner under the Workmen's Compensation Act, 1923. Primary grievance of the appellant is that the Insurance Company has wrongly been burdened with liability to pay interest on the amount of compensation awarded.

At the time of arguments, counsel has failed to show that any stipulation was entered in the insurance policy not to pay the interest and also that the Insurance Company shall be liable to pay the interest only, in cases where company has been informed of the accident. This Court feels that the matter is squarely covered by judgment of Hon'ble Supreme Court in Ved Prakash Garg v. Premi Devi and others, (1997) 8 Supreme Court Cases 1 and single Bench judgment of this Court in FAO No.326 of 2006 titled as United India Insurance Company Limited v. Smt.Shankutla Devi and others, decided on 20.1.2006.

So far as quantum of compensation is concerned, amount assessed is very reasonable. Deceased was working as driver and his salary has been assessed only Rs.3000/-. This Court feels that the drivers are getting more than the salary assessed by the Commissioner. Amount granted is very meagre. No case is made out for interference in that regard also.

In view of ratio of judgments, referred to above, no case is made out for interference.

Dismissed.

January 31, 2006 ( Jasbir Singh )

gk Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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