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DHARAM CHAND CHAUDHARY
Oriental Insurance Company – Appellant
Versus
Padmo Devi – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Lalit K. Sharma, Advocate
For the Respondent:Mr. Rupinder Singh, Advocate with Ms. Shashi Kiran, Advocate, Mr. B.C. Verma, Advocate

JUDGMENT :

DHARAM CHAND CHAUDHARY, J.

1. This judgment shall dispose of both appeals arising out of award dated 28.3.2007 passed by learned Commissioner under Workmen's Compensation Act, Rajgarh, District Sirmour in case No. 4 of 2005. The appellant in this appeal is Oriental Insurance Company Limited, hereinafter referred to as respondent No. 2-the Insurer, whereas in the connected one the owner of ill fated pick-up bearing No. HP-16-1349, hereinafter referred as respondent No. 1-insured. Learned Commissioner below has allowed the claim petition filed by respondent No. 1 (hereinafter referred to as the petitioner) and awarded a sum of Rs. 4,48,000/- as compensation against respondent No. 2 and a sum of 1,07,520/- towards interest payable on the awarded amount @12%. Besides a sum of Rs. 67,200/- has been awarded as penalty @ 15% of the amount of compensation i.e. Rs. 4,48,000/-. The amount of interest and penalty as imposed has to be paid by respondent No. 1, the insurer. Therefore, while respondent No. 2 aggrieved by the award to the tune of Rs. 4,48,000/- made by learned Commissioner against it, respondent No. 1-Insurer is aggrieved by the liability to pay interest @12% on the awar




















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