National Insurance Co. Ltd. vs Matruma

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2012 Supreme(Raj) 446

(Rajasthan High Court)
Jaipur Bench
National Insurance Co. vs. Matruma & Anr. (Rafiq, J.)
MOHAMMAD RAFIQ, J.
National Insurance Co. Ltd.
Versus
Matruma & Anr.
S.B. Civil Misc. Appeal No.1406 of 2012, decided on 09.04.2012

Advocates Appeared
Ms. Raj Sharma, for Applicant-Appellant

Headnote:Workmen's Compensation Act, 1923, Secs. 3, 4A & 30 — Award — Direction to insurance company to pay award amount within 30 days with 9% interest and additionally directed that in the event of default in making deposit, insurance company would be required to pay interest @ 12% per annum on the entire award amount — Justifiability — Challenged to — Held — Statutory period for deposite the amount is 60 days and if the appellant has deposited the amount within 60 days additional liability of paying interest would not arise which has already deposited — Impugned award modified to that extent. (Para 3)
       Appeal partly allowed.
        deZdkj izfrdj vf/kfu;e] 1923] /kkjk 3] 4-d ,oa 30 & vf/kfu.kZ; & chek daiuh dks 9% C;kt ds lkFk 30 fnu ds Hkhrj vf/kfu.kZ; jkf'k Hkqxrku djus dk funsZ'k ,oa vfrfjDr :i ls funsZ'k fn;k x;k fd tek djkus esa O;frØe dh n'kk esa] chek daiuh dks lEiw.kZ vf/kfu.kZ; jkf'k ij 12% izfr o"kZ dh nj ls C;kt Hkqxrku djuk visf{kr gksxk & U;k;ksfprrk dks pqukSrh & vfHkfu/kkZfjr & jkf'k tek djus gsrq dkuwuh vof/k 60 fnu gS vkSj ;fn vihykFkhZ 60 fnu ds vUnj jkf'k tek djk pqdk gS] C;kt Hkqxrku djus dh vfrfjDr nkf;Ro mRiUu ugha gksxk tks igys tek djkbZ tk pqdh gS & vkyksP; vf/kfu.kZ; mDr foLrkj rd mikUrfjr fd;kA ¼in la[;k 3½
       vihy vkaf'kd Lohdkj dhA

RAFIQ, J.—The appellant-insurance company has approached this Court aggrieved by the award dated 11.10.2004 passed by the Workmen Compensation Commissioner who has awarded a sum of Rs.3,79,109/- as compensation and additionally directed appellant to deposit the said amount within 30 days along with interest @ 9% per annum. In the event of default in making deposit of the said amount, the appellant was required to pay interest @ 12% per annum on the entire award amount.

2. Ms. Raj Sharma, learned counsel for the appellant has argued that the Workmen Compensation Commissioner has no legal authority to issue such a direction because statutory period for deposit of the compensation as per Section 30 of the Workmen Compensation Act, 1923 itself is 60 days and within 60 days the entire amount was deposited with interest @ 9% per annum.

3. On hearing learned counsel for the appellant and perusing the impugned award and also the provisions of Section 30 of the Workmen Compensation Act, 1923, I find that the appellant-insurance company is justified in so saying because the statutory period within which the deposit has to be made is 60 days and if within this period of 60 days, appellant has deposited the amount, it cannot be saddled with additional liability of paying the interest of Rs.3% over and above 9%, which it has already deposited.

4. The impugned award dated 11.10.2004 is modified to that extent. The appeal is accordingly allowed in part.

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2012 Supreme(Raj) 446

(Rajasthan High Court)Jaipur BenchNational Insurance Co. vs. Matruma & Anr. (Rafiq, J.)MOHAMMAD RAFIQ, J.National Insurance Co. Ltd.VersusMatruma & Anr.S.B. Civil Misc. Appeal No.1406 of 2012, decided on 09.04.2012

(Rajasthan High Court)
Jaipur Bench
National Insurance Co. vs. Matruma & Anr. (Rafiq, J.)
MOHAMMAD RAFIQ, J.
National Insurance Co. Ltd.
Versus
Matruma & Anr.
S.B. Civil Misc. Appeal No.1406 of 2012, decided on 09.04.2012