Branch Manager Nited India Insurance Co. Ltd. v. Irayya S/o Paramayya Neerkant
2017-06-01
S.N.SATYANARAYANA
body2017
DigiLaw.ai
JUDGMENT : 1. The respondent insurer in WCA/SR No.34/2006, on the file of Commissioner for Workmen’s Compensation, Uttar Kannada, Karwar, has come up in this appeal, impugning the judgment dated 12.12.2012 in awarding compensation to the claimant in a sum of Rs. 2,83,042/- payable with interest at 12% p.a. from 30th day of the order. 2. The said judgment is challenged on the premise that the claim petition is filed beyond the period of limitation. However the said ground may not be entertained, since the fact situation is covered by the judgment rendered by the High Court of Bombay in the matter of Department of Telecommunication Nanded vs. Deelip Hari Mogle, reported in LAWS(BOM)-2007-8-140, this Court find no grounds are made out for admission of this appeal. 3. However at this juncture, the learned counsel for the appellant insurer tried to rely upon the policy and state that in terms of policy condition, interest that is awarded will have to be recovered from the owner and not by the insurer and according to him that has been decided by the Apex Court in the matter of New India Assurance Co. Ltd., vs. Harshadbhai Amrutbhai Modhiya reported in ACC 2006 2 539. 4. In the light of the aforesaid judgment, this Court hold that the claimant is entitled to receive compensation with interest at 12% p.a. as stated supra. However liability of the insurance company shall be only to the extent of compensation and interest will have to be paid by the 2nd respondent employer, which the claimant shall be entitled to recover by levying execution. 5. In view of the appeal filed by the insurance company being partly allowed, the compensation amount which is deposited in this Court is ordered to be transferred to the tribunal and interest portion is ordered to be refunded to the insurer.