Research › Search › Judgment

Delhi High Court · body

2014 DIGILAW 1092 (DEL)

New India Assurance Co. Ltd. v. Kundan

2014-03-31

VALMIKI J.MEHTA

body2014
JUDGMENT : Valmiki J. Mehta, J :--(ORAL) 1. This first appeal is filed under Section 30 of the Employee’s Compensation Act, 1923 (hereinafter referred to as ‘the Act’) by the insurance company against the impugned judgment of the Commissioner dated 26.2.2013 by which the Commissioner has allowed the claim petition filed by the respondent no.1 herein. 2. The only issue urged before me on behalf of the appellant is that the compensation which is payable under the Act is payable one month after passing of the order by the Commissioner and not from one month after the date of the accident. 3. The Division Bench of four Judges of the Supreme Court in the case of Pratap Narain Singh Deo Vs. Srinivas Sabata & Anr. (1976) 1 SCC 289 had held that interest is payable one month after the date of incident in case compensation amount is not paid to the workman or dependants of the workman. Subsequent judgments of the Supreme Court without noticing the judgment in the case of Pratap Narain Singh (supra) held that compensation is payable one month after the passing of the order by the Commissioner. These are the judgments in the cases of National Insurance Co. Ltd. Vs. Mubasir Ahmed and Anr. (2007) 2 SCC 349 and Oriental Insurance Co. Ltd. Vs. Mohd. Nasir and Anr. (2009) 6 SCC 280 . Supreme Court in its recent judgment in the case of The Oriental Insurance Company Ltd. Vs. Siby George & Ors. (2012) 12 SCC 540 has held that the judgments in the cases of Mubasir Ahmed (supra) and Mohd. Nasir (supra) are per incuriam inasmuch as they are not in accordance with the ratio of the Larger Bench judgment in the case of Pratap Narain Singh (supra). 4. In view of the above, there is no merit in the appeal, and the same is therefore dismissed, and it is held that the Commissioner was entitled to direct payment of interest one month after the date of the accident and not one month after passing of the order of the Commissioner as was the case of the appellant. Parties are left to bear their own costs.