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2014 DIGILAW 1403 (HP)

Oriental Insurance Company Ltd. v. Biasa Devi

2014-10-10

MANSOOR AHMAD MIR

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JUDGMENT : Mansoor Ahmad Mir, J. Challenge in this appeal is to the award, dated 18th May, 2010, passed by the Commissioner under Workmen's Compensation Act, Sadar, Sub Division, Bilaspur, H.P. in Claim Petition No.4 of 2002, titled Biasa Devi and another vs. Sant Ram and others, whereby the Commissioner allowed the Claim Petition filed by the claimants (respondents No.1 and 2 herein) under Section 22 of the Workmen's Compensation Act, 1923, (hereinafter referred to as the Act), and awarded compensation to the tune of Rs.2,26,380/- with interest at the rate of 12% per annum and also a notice was issued to the owner for showing cause as to why a penalty of not less than 50% of the awarded amount be not imposed on him, (for short the impugned award). 2. Mr.Ashwani K.Sharma, learned counsel for the appellant insurer frankly conceded that the insurer can be saddled with the liability to the tune of Rs.1,69,781/-, say Rs.1,70,000/-, as per the Schedule appended with the Act. The argument is plausible. 3. The owner has not questioned the impugned award on any ground. Thus, I deem it proper to modify the impugned award by providing that the insurer has to satisfy the impugned award to the tune of Rs.1,70,000/-, with interest at the rate of 12% per annum from the date of the impugned award till deposit, while the liability of the owner to satisfy the impugned award shall be to the tune of Rs.56,380/-, which shall also carry interest at the rate of 12% per annum from today. In addition, the owner is also directed to deposit the funeral charges to the tune of Rs.2,500/-, as awarded by the Commissioner. The owner is directed to deposit the amount of compensation falling to his share within eight weeks from today and on deposit, the same shall be released in favour of the claimants. The amount deposited by the appellant insurer be released in favour of the claimants and the rest of the amount, along with interest, be refunded to the appellant-insurer through payee's account cheque. 4. The appeal is partly allowed and the impugned award stands modified, as indicated above. The appeal stands disposed of accordingly.