Dilkeshwar Sahu v. Divisional Manager, United India Insurance Company Limited
2007-04-24
D.K.SINHA, M.Y.EQBAL
body2007
DigiLaw.ai
Order This appeal has been filed by the owner of the vehicle against that part of the order passed by the Commissioner, Workmen Compensation by which tie has directed the owner of the vehicle for payment of interest on the compensation amount. 2. From perusal of the order, it appears that the Tribunal has recorded a specific finding that no chit of paper was filed by the owner of the vehicle to show that the Insurance Company was timely informed about the factum of accident nor any request was made by the owner of the vehicle to the Insurance Company for deposit of the compensation amount. On this ground, the Tribunal held that the interest amount is to be paid by the owner of the vehicle. We do not find any error in the finding recorded by the Tribunal. 3. Be that as it may, no substantial question of law is involved in this appeal, which is the condition precedent for entertaining the appeal as contemplated under Section 30 of the Workmen Compensation Act. There is no dispute with regard to the settled law that interest is payable by the Insurance Company but not penalty. However, it is equally well settled that whenever accident takes place, it is primary duty of the owner of the vehicle to inform the Insurance Company so that without any delay the compensation amount be paid to the victim or deposited with the Commissioner, Workmen Compensation. If any delay is caused because of inaction on the part of the owner of the vehicle then certainly the liability for payment of interest should be saddled with the owner of the vehicle. 4. With the aforesaid reasons, we do not find any merit in this appeal, which is accordingly dismissed.