JUDGMENT Sureshwar Thakur, J. (Oral) - The instant Appeal is directed against the order recorded on 13.12.2016 by the learned Commissioner Workman Compensation, Court No. 1, Shimla. Upon hearing the counsel for the contesting parties, the following substantial questions of law arise for determination: (a). Whether the insurer can be exonerated from liability to pay interest on the amount of compensation in the absence of any express stipulation in the policy of insurance qua its non-liability for the payment of interest. (b). Under the impugned order the apposite indemnificatory liability qua interest levied upon the principal compensation amount was fastened upon the employer of deceased Virender Kumar. 2. The counsel for the appellant contends that the fastening, in, the impunged order, of, the apposite indemnificatory liability upon the insured precisely qua the interest levied on the principal compensation amount, is in gross conflict with a judgment rendered by the Hon''ble Apex Court, judgment whereof is borne in a case titled New India Assurance Co. Ltd. vs. Harshadbhai Amrutbhai Modhiya and another, reported in (2006) ACJ 1699 , relevant paragraph whereof is reproduced hereinafter. "20. The views taken by us find support from a recent judgment of this Court in P.J. Narayan vs. Union of India, (2004) ACJ (452) (SC) , wherein it was held:- (1) This writ Petition is for the purpose of directing insurance company to delete the clause in the Insurance policy which provides that in case of compensation under the workmen''s Compensation Act, 1923, the Insurance Company will not be liable to pay interest. We see no substance in the writ Petition. There is no statutory liability on the insurance company. The statutory liability under the Workmen''s Compensation Act is on the employer. An insurance is a matter of contract between the insurance company and the insured. It is always open to the insurance company to refuse to insure. Similary, they are entitled to provide by contract that they will not take on liability of interest. In the absence of statute to that effect, insurance company cannot be forced by Courts to taken on liabilities which they do not want to take on. The writ Petition is dismissed. Similary, they are entitled to provide by contract that they will not take on liability of interest. In the absence of statute to that effect, insurance company cannot be forced by Courts to taken on liabilities which they do not want to take on. The writ Petition is dismissed. No order as to costs." However, for applying the ratio decidendi encapsulated therein, of, the insurer concerned being amenable, to bear the liability of interest levied upon the the principal compensation amount, unless in the relevant contract of insurance there exists an apposite thereto specific explicit exclusionary clause, clause whereof excludes the fastening of liability of interest levied upon the principal compensation amount vis-a-vis the insurer. Consequently, it is to be discerned from the relevant insurance cover, qua therein, existing, a precise explicit clause whereby the insurer is rendered, unamenable, for bearing the liability of interest levied upon the principal compensation amount. However, a, perusal of the insurance cover is manifestive of, no, specific precise clause standing borne therein whereby the insurer is contractually excluded from being fastened with the liability to pay interest upon the principal compensation amount. Corollary whereof, is that the ratio decidendi carried in the judgment rendered by the Hon''ble Apex Court in New India Assurance Co. Ltd. (Supra) hence standing affirmatively satisfied visa-vis the insured also thereupon it is apt to conclude of the insurer being, amenable for, liability of interest levied upon the principal compensation amount, being fastenable upon it. Contrarily, the learned Commissioner has fastened the liability of interest, carried, in the principal compensation amount, upon, the employer of deceased employee, one M/s. Daulat Ram and Mangat Ram. Consequently, the questions of law are answered in favour of the appellant. The impugned order is modified to the extent that the liability of interest levied on the principal compensation amount shall be borne by the insurer concerned. All the applications disposed of accordingly. Appeal partly allowed. No costs.