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2015 Supreme(HP) 877

RAJIV SHARMA
Roop Lal – Appellant
Versus
Ajay Raj – Respondent


Advocates:
Advocate Appeared:
For the appellants :Mr. Bimal Gupta, Senior Advocate with Mr. Vineet Vashishta, Advocate,.
For the respondents:Mr. Anupinder Rohal, Advocate, for respondents No. 1 to 3.
Mr. Deepak Bhasin, Advocate, for respondent No. 4.

JUDGMENT :

Rajiv Sharma, J.

This appeal was admitted on following substantial questions of law, on 12.6.2007:

“Whether the award of the Workmen’s Compensation Commissioner is in accordance with provisions of Section 4-A (3) (a)(b) of the Workmen’s Compensation Act, 1923 when it does not award interest and penalty on the established facts on the record?”

2. Mr. Bimal Gupta, learned Senior Counsel for the appellant has only argued on the basis of substantial questions of law framed that the interest was payable from the date of accident and not from the date of Award.

3. Learned Single Judge of Madhya Pradesh High Court (Indore Bench) in Rani Kour and others vs. Jagtar Singh and another, 2012 ACJ 2072 has held that where insurance company has not expressly stipulated nonliability for payment of interest in the policy, it is liable to pay the interest on the amount of compensation. Learned Single Judge has held as under:

“[14] Learned Advocate Mr. Sandip Shah appearing for respondent No. 1-original plaintiff in all the appeals referred to the documentary evidences as well as the pleadings in detail and submitted that the operations were performed on the left eye by defendant No. 3 and there



















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