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2012 Supreme(J&K) 649

MANSOOR AHMAD MIR
Geeta Devi & Ors. – Appellant
Versus
Som Nath & Anr. – Respondent


Advocates Appeared:
Mr. L.K. Sharma, Advocate for the Appellants.
None for the R-1, Mr. D.S. Chouhan for the R2, Advocates for the Respon#31;dents.

1. This Civil First Miscellaneous Appeal is directed against the award dated 27.01.2010 (for short 'impugned award' herein) passed by the Assistant Labour Commissioner, Jammu, in a claim petition titled Smt. Geeta Devi and others v. M/S Som Nath Nagar and anr, whereby compensation to the tune of Rupees 4,07,700/- has been awarded.

2. The short controversy in the appeal at hand is that as to whether interest is payable to the claimants from the date of personal injury or from the date of determination of compensation amount or from any date interior to one month of the date of Commissioner's award.

3. The apex Court has already held in Pratap Narain Singh Deo v. Shrinivas Sabata and anr. reported in AIR 1976 SC 222, that interest is payable to the claimant from the date personal injury is caused. However, in National Insurance Company v. Mubashir Ahmad and anr. reported in AIR 2007 SC 1298 and Oriental Insurance Company Ltd. v. Mohd. Nasir and another, reported in (2009) 6 SCC 280, the apex court took a contrary view and held that interest is payable from the date of passing of the award.

4. The said judgements having been passed by two Judges Bench, the apex Court noticing the judgeme











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