National Insurance Company Ltd v. Smt. Gurmit Kaur & Anr.

Smt. Kavita and others Versus ***** . . . Appellant . . . . Respondents FAO NO.4366 of 2006 (O&M) FAO NO.1854 of 2005 and other connected cases - 2 - New India Assurance Company Ltd. DATE OF DECISION: 24.01.2012 Sukhwinder Singh and another . . . Appellant Versus ***** . . . . Respondents FAO NO.1289 of 2008 (O&M) DATE OF DECISION: 24.01.2012 United India Insurance Company Ltd. Smt. Parma Wati and others . . . Appellant Versus ***** . . . . Respondents FAO NO.4178 of 2004 (O&M) DATE OF DECISION: 24.01.2012 United India Insurance Company Ltd. Daljeet Kaur and others . . . Appellant Versus ***** . . . . Respondents FAO NO.3997 of 2005 (O&M) DATE OF DECISION: 24.01.2012 New India Assurance Company Ltd. Yogesh and another . . . Appellant Versus ***** . . . . Respondents FAO NO.3173 of 2004 (O&M) DATE OF DECISION: 24.01.2012 New India Assurance Company Ltd. . . . Appellant Versus Master Rajat (minor) through his maternal grand father Sh.

Lachmi Ram and others ***** . . . . Respondents FAO NO.2797 of 2001 (O&M) DATE OF DECISION: 24.01.2012 FAO NO.1854 of 2005 and other connected cases - 3 - United India Insurance Company Ltd. Smt. Bala Devi and others . . . Appellant Versus ***** . . . . Respondents FAO NO.3357 of 2007 (O&M) DATE OF DECISION: 24.01.2012 The Oriental Insurance Company Ltd. Smt. Sewa and others Versus ***** . . . Appellant . . . . Respondents FAO NO.1592 of 2004 (O&M) DATE OF DECISION: 24.01.2012 . . . Appellant New India Assurance Company Ltd. Jagdish Narayan Pandey and others Versus ***** . . . . Respondents FAO NO.4434 of 2004 (O&M) DATE OF DECISION: 24.01.2012 M/s The New India Assurance Company Ltd. Sh. Bijender Singh and another Versus ***** . . . Appellant . . . . Respondents FAO NO.4628 of 2004 (O&M) DATE OF DECISION: 24.01.2012 United India Insurance Company Ltd. Kamla Devi and others Versus ***** . . . Appellant . . . . Respondents FAO NO.1854 of 2005 and other connected cases - 4 - FAO NO.2713 of 2005 (O&M) DATE OF DECISION: 24.01.2012 United India Insurance Company Ltd.

Santosh Kapoor and others Versus ***** . . . Appellant . . . . Respondents FAO NO.1540 of 2005 (O&M) DATE OF DECISION: 24.01.2012 United India Insurance Company Ltd. Pala Ram and others Versus ***** . . . Appellant . . . . Respondents FAO NO.1473 of 2006 (O&M) DATE OF DECISION: 24.01.2012 United India Insurance Company Ltd. Smt. Baljinder Kaur and others Versus ***** . . . Appellant . . . . Respondents FAO NO.2373 of 2005 (O&M) DATE OF DECISION: 24.01.2012 United India Insurance Company Ltd. Sh. Puran Chand and others Versus ***** . . . Appellant . . . . Respondents FAO NO.3618 of 2005 (O&M) DATE OF DECISION: 24.01.2012 United India Insurance Company Ltd. Jagdish Singh and others Versus ***** . . . Appellant . . . . Respondents FAO NO.1854 of 2005 and other connected cases - 5 - FAO NO.5388 of 2005 (O&M) DATE OF DECISION: 24.01.2012 United India Insurance Company Ltd. Kamlesh Rani and others Versus ***** . . . Appellant . . . . Respondents FAO NO.1701 of 2004 (O&M) DATE OF DECISION: 24.01.2012 The New India Assurance Company Ltd.

Gurmail Kaur and others Versus ***** . . . Appellant . . . . Respondents FAO NO.3857 of 2006 (O&M) DATE OF DECISION: 24.01.2012 . . . Appellant United India Insurance Company Ltd. Jitender Kumar Dubey and another Versus ***** . . . . Respondents FAO NO.3668 of 2006 (O&M) DATE OF DECISION: 24.01.2012 United India Insurance Company Ltd. Pardeep Kumar and another Sh. Maha Singh Sh. Dina Nath and another . . . Appellant . . . . Respondents FAO NO.3244 of 1999 (O&M) DATE OF DECISION: 24.01.2012 . . . Appellant . . . . Respondents Versus ***** Versus ***** FAO NO.1854 of 2005 and other connected cases - 6 - Smt. Kanta and others Sanjeev Kumar and another Smt. Gurvinder Kaur and others Shri Balbir Singh and others Shri Suresh Kumar Shri Ashok Kumar and another Jai Pal Singh Union of India and others FAO NO.5143 of 2008 (O&M) DATE OF DECISION: 24.01.2012 . . . Appellants . . . . Respondents FAO NO.4766 of 2005 (O&M) DATE OF DECISION: 24.01.2012 . . . Appellant . . . . Respondents FAO NO.5577 of 2005 (O&M) DATE OF DECISION: 24.01.2012 . . . Appellant . . . . Respondents FAO NO.4355 of 2008 (O&M) DATE OF DECISION: 24.01.2012 . . . Appellant . . . . Respondents Versus ***** Versus ***** Versus ***** Versus ***** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN Present: (In FAO No.1701 of 2004) ***** Mr.Vinod Gupta, Advocate, for the New India Assurance Company Ltd.

None for the respondent. (In FAO No.5388 of 2005) FAO NO.1854 of 2005 and other connected cases - 7 - Mr.Vinod Gupta, Advocate, for the appellant. None for the respondent. (In FAO No.3618, 2373 of 2005, 1473 of 2006) Mr.M.B. Jain, Advocate, for United India Insurance Company Ltd. Mr.Vinod Chaudhary, Advocate, for the respondent. (In FAO No.1540 of 2005) Mr.Ravinder Arora, Advocate, for the United India Insurance Company Ltd. None for the respondent. (In FAO No.2713 of 2005) Mr.M.B. Jain, Advocate, for United India Insurance Company Ltd. Mr.RPS Ahluwalia, Advocate, for respondent No.4/Cross-objector. (In FAO No.4628 of 2004) Mr.Gopal Mittal, Advocate, for the appellant. Mr.Vinod Chaudhary, Advocate for the respondent. (In FAO No.4434 of 2004) Mr.R.K. Bashamboo, Advocate, for the appellant. None for the respondent. (In FAO No.1592 of 2004) Mr.Paul S. Saini, Advocate, for the appellant. None for the respondent.

(In FAO No.2797 of 2004) FAO NO.1854 of 2005 and other connected cases - 8 - Mr.Rajnish Narula, Advocate, for the appellant. None for the respondent. (In FAO No.3173 of 2004) Mr.Vinod Gupta, Advocate, for the appellant. None for the respondent. (In FAO No.3997 of 2005) Mr.Ravinder Arora, Advocate, for the appellant. None for respondent No.1. (In FAO No.4178 of 2004) None for the appellant. None for the respondent. (In FAO No.1289 of 2008) None for the appellant. None for the respondent. (In FAO No.4366 of 2006) None for the appellant. None for the respondents. (In FAO No.4029 of 2006) None for the appellant. None for the respondents. (In FAO No.1721 of 2004) Mr.Paul S. Saini, Advocate, for the appellant. None for the respondent. (In FAO No.5490 of 2004) None for the appellant. FAO NO.1854 of 2005 and other connected cases - 9 - None for the respondent. (In FAO No.1596 of 2008) None for the appellant. None for the respondent.

(In FAO No.1854 of 2005) None for the appellant. None for the respondent. (In FAO No.5143 of 2008) Mr.Prdeep Chahar, Advocate, for the appellant. Mr.Sanjeev Pabbi, Advocate, for the United India Insurance Company Ltd. (In FAO No.3244 of 1999) Mr.D.R. Bansal, Advocate, for the appellant. Mr.Vinod Gupta, Advocate, for the New India Assurance Company. (In FAO No.3244 of 1999) Mr.D.R. Bansal, Advocate, for the claimant (In FAO No.3668 of 2006) Mr.Suman Jain, Advocate, for the United India Insurance Company Ltd. None for the respondent. (In FAO No.3857 of 2006) Mr.Sanjeev Pabbi, Advocate, for United India Insurance Company Ltd. None for the respondent. (In FAO No.4355 of 2008) Mr.Brijender Kaushik, Advocate, for the appellant. FAO NO.1854 of 2005 and other connected cases - 10 - Mr.Rajiv Sharma, Advocate, for the respondent. (In FAO Nos.4766, 5577 of 2005) Ms.R.P. Dudeja, Advocate, for the appellant. Mr.Vinod Gupta, Advocate, for the Insurance Company. ***** RAKESH KUMAR JAIN, J. This is a bunch of 29 appeals which have been preferred by the Insurance Company as well as the claimants against the award of the Commissioner under the Workmen Compensation Act, 1923 (for short ‘the Act’).

The appeals which have been filed by the Insurance Companies are FAO No.2797 of 2001, FAO Nos.1721, 4178, 3173, 1592, 4434, 4628 & 1701 of 2004, FAO Nos.1854, 3997, 2713, 1540, 2373, 3618, 5388 of 2005, FAO Nos.5490, 4029, 4366, 1473, 3857, 3668 of 2006, FAO No. 3357 of 2007 and FAO Nos.1596 & 1289 of 2008 and the appeals which have been filed by the claimants are FAO No.3244 of 1999, FAO Nos.4766 & 5577 of 2005 and FAO No.4355 & 5143 of 2008. The grievance of the Insurance Companies is that the interest should have been awarded from the date it falls due i.e. 30 days after the date of adjudication of the dispute by the Commissioner whereas the grievance of the claimants is that the interest would fall due after 30 days from the date of injury/death. In support of their contention, learned counsels for the insurance companies have relied upon a decision of two Judges Bench of the Supreme Court in the case of “National Insurance Company Limited Versus Mubasir Ahmed and another” 2007(2 PLR 188, decisions of two Judges Bench of the Supreme Court in the case of “Kamla Chaturvedi Vs.

National Insurance Co. Ltd. and others” 2009 ACJ 115 & “Palraj vs. The Divisional Controller, Nekrtc” 2010 ACJ 2859 and a decision of the Andhra Pradesh High Court in the case of “K. Madhu Vs. Brij Kishore Pandiya and another” 2011 ACJ 2361. On the other hand, learned counsels for the claimants have relied upon a decision of the four Judges Bench of the Supreme Court in the case of “Partap Narain Singh Deo Vs. Srinivas Sabata” 1976(1) SCC 289 and two judgments of this Court in the case of “New India FAO NO.1854 of 2005 and other connected cases - 11 - Assurance Company Limited Vs. Manphool Singh and others” 2008(1) PLR 706 and “Sadhu Ram Vs. Dakshin Haryana Bijli Vitran Nigam” 2010 (4) RCR (Civil) 14. I have heard learned counsel for the parties and perused the aforesaid judgments. In the case of New India Assurance Company Limited (Supra), this Court has held that since a decision in the case of Partap Narain Singh Deo (Supra) was not cited before the Supreme Court, who had delivered judgment in the case of National Insurance Company Limited (Supra), Kamla Chaturvedi (Supra) and Palraj (Supra), therefore, these judgments are per incuriam as those judgments have been delivered by two Judges Bench of the Supreme Court whereas Partap Narain Singh Deo (Supra) was decided by four Judges Bench of the Supreme Court.

This Court had held that decision in the case of Partap Narain Singh Deo (Supra) would prevail in which it has been held that the interest would accrue after 30 days from the date of injury and not from the date of adjudication of the lis between the parties. In view thereof, the appeals filed by the Insurance Companies namely FAO No.2797 of 2001, FAO Nos.1721, 4178, 3173, 1592, 4434, 4628 & 1701 of 2004, FAO Nos.1854, 3997, 2713, 1540, 2373, 3618, 5388 of 2005, FAO Nos.5490, 4029, 4366, 1473, 3857, 3668 of 2006, FAO No. 3357 of 2007 and FAO Nos.1596 & 1289 of 2008, whereby they have challenged the component of interest having been awarded from the date of injury/death are hereby dismissed and the appeals filed by the claimants namely, FAO No.3244 of 1999, FAO Nos.4766 & 5577 of 2005and FAO No.4355 & 5143 of 2008, whereby they have challenged the award of interest from the date of decision of the case are hereby allowed and hereby awarded interest after 30 days form the date of injury/death. A photocopy of this order be placed on the files of other connected cases. JANUARY 24, 2012 Vivek (RAKESH KUMAR JAIN) JUDGE