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M/S THE NEW INDIA ASSURANCE CO. LTD. versus SMT. BHUPINDER KAUR & ORS

High Court of Punjab and Haryana, Chandigarh

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M/S The New India Assurance Co. Ltd. v. Smt. Bhupinder Kaur & Ors - FAO-299-2005 [2006] RD-P&H 393 (29 January 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

F.A.O. NO. 299 of 2005

DATE OF DECISION: February 3, 2006

Parties Name

M/S The New India Assurance Co. Ltd.

...APPELLANT

VERSUS

Smt. Bhupinder Kaur and others

...RESPONDENTS

CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
PRESENT: Mr. R.K. Bashambo,

Advocate, for the appellant.

JUDGMENT:

C.M. No. 1264-CII of 2005

This application has been moved for condonation of delay of 148 days in filing this appeal. Application is accompanied by an affidavit. Despite many efforts made, service of the respondents is not complete. In view of averments made in the application, which is supported by an affidavit, it is allowed and delay in filing the appeal is condoned.

F.A.O. No. 299 of 2005

Vide order under challenge, Commissioner under the Workmen's Compensation Act, 1923, has granted compensation to the tune of Rs. 2,80,350/- along with interest to the widow and minor children, i.e., the respondents on account of death of Shri Ram Singh. It is apparent from the records that the appellant along with other respondents has failed to lead any evidence to rebut the claim of the respondents. Age of the deceased was only 39 years. He was getting salary of Rs. 3,000/- per month. In view of this, compensation awarded is perfectly justified. Counsel for the appellant has contended that the appellant has wrongly been burdened with liability to pay interest on the compensation awarded. However, he has failed to show that there was any negative clause with regard to the payment of interest in the policy.

In view of judgment of the Hon'ble Supreme Court in Ved Parkash Garg vs. Premi Devi and others, (1997) 8 S.C.C. 1 and the judgment of this Court in F.A.O. No. 326 of 2006 (United India Insurance Company Ltd.

vs. Smt. Shakuntla Devi and others), rendered on January 20, 2006, no case is made out for interference. Dismissed.

February 03, 2006. ( Jasbir Singh )

DKC 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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