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2019 DIGILAW 759 (JHR)

Maimoona Khatoon v. Manjoor Ansari

2019-03-27

S.N.PATHAK

body2019
JUDGMENT : 1. This appeal is directed against the judgment dated 18.12.2013 passed by the Presiding Officer, Deoghar in W.C. Case No.56 of 2011 whereby the Claimant has been allowed a compensation of Rs.8,16,165/- including interest @ 12% per annum and if not paid within stipulated period, the claimants shall be entitled to get a penal interest @ 9% per annum on and above the awarded amount. 2. At the very outset, it has been submitted by learned Counsel for the Appellant that this case is squarely covered by order dated 24.04.2007, passed in M.A.No.198 of 2006 and as such, this case may also be disposed of in light of the aforesaid order. 3. Learned Counsel for the respondents very fairly accepts the submission of the learned Counsel for the appellant and shown no objection in this regard. 4. Be that as it may, in view of fair submission of the learned Counsel for the appellant, this Court is of the considered opinion that no substantial question of law is involved in this appeal, which is the condition precedent for entertaining the appeal as contemplated under Section 30 of the Workmen Compensation Act. There is no dispute with regard to the settled law that interest is payable by the Insurance Co. but not penalty. However, it is equally well settled that whenever accident takes place, it is primary duty of the owner of the vehicle to inform the Insurance Co so that without any delay the compensation amount be paid to the victim or deposited with the Commissioner, Workmen Compensation. If any delay is caused because of inaction on the part of the owner of the vehicle, then certainly the liability for payment of interest should be saddled with the owner of the vehicle. 5. Needless to say that the Claimant is entitled for the compensation amount minus the interest part from the Insurance Co. and payment of interest should be saddled with the owner of the vehicle as per Section 4-A(3) (a) and (b) of Workmen’s Compensation Act, 1923. 6. With aforesaid observations and directions, the instant Appeal is disposed of.