JUDGMENT : K.S. Jhaveri, J. By way of this appeal, the appellant has challenged judgment and award dated 14.6.2005 passed by the learned Commissioner under Workmen's Compensation Act, Labour Court, Gandhidham-Kuchchh in Workman Compensation Application No. 21 of 2002 whereby the learned Commissioner, Gandhidham-Kuchchh has awarded Rs. 4,54,968/- with interest @ 9% from the date of accident till realisation of amount and order regarding cost of application, court fees was also made. The learned Commissioner, Gandhidham-Kuchchh also imposed amount of Rs. 84,400/- towards medical expenses. The opponent no.2 herein was also directed to pay Rs. 10,000/- as an amount of penalty. 2. The facts in brief, as emerging from record, are as under: 2.1 As per the case of the claimant, he was working as Driver with respondent No. 2 at the salary of Rs. 4000/- per month. 2.2 On 11.5.2002, when he was driving truck owned by opponent no.2 herein, he met with an accident which caused serious injuries on his left and right legs and on different parts of body. He also received 40% permanent disability. He, thereafter, filed application for compensation for an amount of Rs. 5,00,000/- as compensation along with 18% interest on the amount of compensation and also 50% amount of penalty on account of hardships caused to him during the course of employment before the learned Workmen Compensation Commissioner at Gandhidham-Kuchchh who vide his judgment and award dated 14.6.2005 allowed the application by awarding Rs. 4,54,968/- as compensation to the respondent No. 1 herein along with interest on the said amount @ 9% from the date of accident till the date of realisation of amount and an amount of Rs. 500/- towards cost of an application, Rs. 1000/- towards court fee stamp and Rs. 84,000/- towards medical expenses. 2.4 Being aggrieved and dissatisfied with the judgment and award passed by the learned Workmen Compensation Commissioner, Gandhidham-Kuchchh, the appellant herein preferred the present appeal. 3. Heard Mr. K.V. Gadhia, learned Advocate appearing for the appellant-New India Assurance Company Ltd. He has submitted that the amount awarded by the learned Workmen Compensation Commissioner, Gandhidham-Kuchchh has not been rightly awarded as there is a clause in the insurance policy which provides that in case of accident, insurance company is liable to pay compensation amount only under the Workmen's Compensation Act, 1923 but not the interest. He has also submitted that there is no statutory liability under the Workmen's Compensation Act, 1923 on the insurance company. He has further submitted that it is a matter of contract between the insurance company and the insured and it is always open to the insurance company to refuse to insured. The insurance company is also entitled to provide the terms in the contract that the insurance company will not be liable to pay the interest. Relying upon the decision of the Apex Court rendered in S.L.P. (Civil) No. 341 of 2003 in case of P.J. Narayan v. Union of India and Ors., Mr. Parikh submitted that in absence of any statute to this effect the insurance company cannot be forced by the Court to take the liability which is not contemplated under the policy. The learned Advocate for the appellant has also relied upon the decision of the Hon'ble the Supreme Court reported in AIR 2006 SCW 2353 in case of New India Assurance Co. Ltd. v. Harshadbhai Amrutbhai Modhiya, wherein the Hon'ble the Supreme Court has held that the Insurance Company is not liable for the interest. The Hon'ble the Supreme Court, in the given case, construing the contract involved, held that the insurer has specifically excluded any liability for interest or penalty under the Workmen's Compensation Act and confined the liability to indemnify the employer only against the amount of compensation to be paid under the Workmen's Compensation Act. 4. The learned Advocate for the respondent No. 1 has submitted that the learned Workmen Compensation Commissioner, Gandhidham-Kuchchh, has rightly awarded the compensation amount with interest by considering the medical certificate showing permanent disability caused to him and other medical certificates produced by the respondent No. 1 and the salary which was being paid to the respondent No. 1. The learned Advocate has further submitted that the learned Commissioner, Gandhidham-Kuchchh, relying upon settled legal proposition of law, has rightly come to the conclusion that in default of making payment of compensation within a month by the employer, under the Workmen's Compensation Act, the insurance company is also liable to pay compensation amount and the interest thereon. The learned Advocate has submitted that the respondent No. 1 herein has produced all necessary documentary evidences in support of claim for amount of compensation relying on which the learned Commissioner, Gandhidham-Kuchchh has rightly awarded the compensation and the interest thereon. 5. The learned Advocate has submitted that the respondent No. 1 herein has produced all necessary documentary evidences in support of claim for amount of compensation relying on which the learned Commissioner, Gandhidham-Kuchchh has rightly awarded the compensation and the interest thereon. 5. I have considered the submissions made by learned advocates for both the sides. I have also gone through the documents on record and impugned judgment of the Commissioner as well as decisions cited by learned advocate for the appellant. Looking to the settled legal position of law as held by the Hon'ble the Supreme Court in case of New India Assurance Co. Ltd. v. Harshadbhai Amrutbhai Modhiya (supra), the Court is of the opinion that the Insurance Company is not required to make payment towards interest on compensation amount. The Court is in complete agreement with the submissions of the learned Advocate appearing for Insurance Company. Therefore, order impugned herein is required to be modified accordingly. 6. With the above observations, appeal is partly allowed. The appellant herein will not be required to make any payment towards interest except the principal amount to the claimant. It will be open for the claimant to recover the interest amount from the employer. The interest amount on the amount of compensation, if deposited by the Insurance Company, is not allowed to be withdrawn by the claimant, but if the same is withdrawn, FDR will be given to the Bank and it will be open for the claimant to recover the interest amount from the employer. 7. The appeal is allowed to the aforesaid extent with no order as to costs.