Hon'ble RATHOD, J.—Heard learned advocate Ms. Hina Desai on behalf of appellant insurance company.

2. The appellant insurance company has challenged judgment and order passed by W. C. Commissioner, Kutch at Bhuj dated 17/10/2008 in W. C. application no. 28/2004. The Commissioner has awarded Rs. 88,548/- being a compensation with 9% interest in favour of claimant. The appellant insurance company has deposited Rs. 2,25,658/- before Commissioner on 31/3/2009 by cheque dated 27/3/2009.

3. Learned advocate Ms. Desai being aggrieved by aforesaid judgment and order, raised contention before this Court that Commissioner has committed gross error in awarding compensation in favour of claimant. She submitted that accident occurred on 11/1/1992. The claim petition filed by claimant once dismissed in default and after three years it was restored and claimant has given deposition in a year 2007. Therefore, insurance company is not liable to pay interest upon amount of compensation for entire period.

4. She also raised contention that insurance company is not liable to pay interest because there is no terms incorporated in insurance policy, for which, insurance company held liable by Commissioner f

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