Nirmala Devi and Others Vs. Dharampal and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1132448
CourtPunjab and Haryana High Court
Decided OnFeb-12-2014
AppellantNirmala Devi and Others
RespondentDharampal and Another
Excerpt:
fao no.5432 of 2012 1 in the high court of punjab & haryana at chandigarh ***** fao no.5432 of 2012 date of decision : february 12, 2014 ***** nirmala devi and others ............appellants versus dharampal and another ...........respondents ***** coram: hon'ble mr.justice rajiv narain raina ***** present: mr.a.s gulati, advocate for the appellants. mr.rahul pathania, advocate for mr.r.c kapoor, advocate for respondent no.2. ***** rajiv narain raina, j (oral) the short controvers.raised in this appeal is with respect to interest. the amount awarded by the employees compensation commissioner to the claimants is @ 9%. the interest has been awarded for one month after the date of accident till the date of realization. mr.a.s gulati, learned counsel appearing for the appellants submits that under section 4 a (iii) (a) of the employees compensation act, 1923, the commissioner is empowered to award interest @ 12% per annum simple or at such higher rate not exceeding the maximum of lending rates of any scheduled bank as may be specified by the central government by notification in the kukreja ritu 2014.02.18 10:35 i attest to the accuracy and integrity of this document chandigarh fao no.5432 of 2012 2 official gazette on the amount due or at such higher rate not exceeding the lending rates. therefore, the commissioner erred in granting 9% interest. learned counsel rahul pathania appearing for the insurance compnay, faced with section 4 a (iii) (a) is unable to argue contrary to the statement. therefore, the impugned award dated 19.4.2012 is modified to the extent that 9% per annum would be read as 12% per annum simple interest as ordered by the commissioner. the petition is allowed to the above extent. february 12, 2014 ( rajiv narain raina ) ritu judge kukreja ritu 2014.02.18 10:35 i attest to the accuracy and integrity of this document chandigarh
Judgment:

FAO No.5432 of 2012 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***** FAO No.5432 of 2012 Date of decision : February 12, 2014 ***** Nirmala Devi and others ............Appellants Versus Dharampal and another ...........Respondents ***** CORAM: HON'BLE Mr.JUSTICE RAJIV NARAIN RAINA ***** Present: Mr.A.S Gulati, Advocate for the appellants.

Mr.Rahul Pathania, Advocate for Mr.R.C Kapoor, Advocate for respondent no.2.

***** RAJIV NARAIN RAINA, J (ORAL) The short controveRs.raised in this appeal is with respect to interest.

The amount awarded by the employees Compensation Commissioner to the claimants is @ 9%.

The interest has been awarded for one month after the date of accident till the date of realization.

Mr.A.S Gulati, learned counsel appearing for the appellants submits that under Section 4 A (iii) (a) of the Employees Compensation Act, 1923, the Commissioner is empowered to award interest @ 12% per annum simple or at such higher rate not exceeding the maximum of lending rates of any scheduled bank as may be specified by the Central Government by notification in the Kukreja Ritu 2014.02.18 10:35 I attest to the accuracy and integrity of this document Chandigarh FAO No.5432 of 2012 2 official Gazette on the amount due or at such higher rate not exceeding the lending rates.

Therefore, the Commissioner erred in granting 9% interest.

Learned counsel Rahul Pathania appearing for the Insurance Compnay, faced with Section 4 A (iii) (a) is unable to argue contrary to the statement.

Therefore, the impugned award dated 19.4.2012 is modified to the extent that 9% per annum would be read as 12% per annum simple interest as ordered by the Commissioner.

The petition is allowed to the above extent.

February 12, 2014 ( RAJIV NARAIN RAINA ) ritu JUDGE Kukreja Ritu 2014.02.18 10:35 I attest to the accuracy and integrity of this document Chandigarh