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2021 Supreme(HP) 3

JYOTSNA REWAL DUA
New India Assurance Co. Ltd – Appellant
Versus
Lachhman Thapa – Respondent


Advocate Appeared:
For the Appellant :Mr. B.M. Chauhan, Senior Advocate with Mr. M.S. Katoch, Advocate.
For the Respondent:Ms. Ritta Goswami and Ms. Komal Chaudhary, Advocates, Mr. Naveen K. Bhardwaj.

JUDGMENT :

JYOTSNA REWAL DUA, J.

1. The appellant-Assurance Company has assailed the order passed by Employee’s Compensation Commissioner on the ground that liability of payment of interest could not have been fastened upon it in view of specific terms of the Insurance Policy.

2. Bare Minimum factual position.

2(i) Learned Employee’s Compensation Commissioner in its judgment dated 25.5.2012 held that deceased Dil Bahadur Thapa was working as a labourer with respondent No.2/Dot Ram. He died on 26.8.2007 during the course of his employment at the work site of respondent No. 2 at RD 1820 Malana Phase-II, Tehsil Manali, District Kullu. Respondent No.2/Dot Ram was given the work contract by respondents No. 3 and 4. Age of the deceased at the time of accident was determined as 20 years. Income of the deceased at the time of his death was assessed at Rs. 75/- per day. As per Section 4 Schedule IV of the Employees Compensation Act, factor of 224 was applied to work out the payable compensation. The claimants were accordingly held entitled to compensation of Rs. 2,52,000/- [ 224(factor)X1125(half salary of the deceased)] alongwith interest @ 12% per annum from the date it fell due till its paym

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