The Oriental Insurance Company ... vs Smt. Rekha And Others
2023 Latest Caselaw 11475 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- FIRST APPEAL FROM ORDER No. - 2769 of 2005
 

 
Appellant :- The Oriental Insurance Company Limited
 
Respondent :- Smt. Rekha And Others
 
Counsel for Appellant :- Ashok Kumar Jaiswal
 
Counsel for Respondent :- Abhishek Kumar,Manoj Kumar
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

1. This appeal has been preferred by the appellant under Section 30 of Workmen's Compensation Act challenging the judgment and award dated 24.09.2005 passed by the Workmen's Compensation Commissioner/Assistant Labour Commissioner, Bulandshahar in WC Case No. 24 of 2002 whereby the learned Commissioner has awarded compensation of Rs.4,33,820/- with interest at the rate of 6%.

2. This Court while admitting the appeal has framed the following substantial question of law:

"Whether the Commissioner is justified in awarding the interest against the appellant-Oriental Insurance Company Limited, in view of the law laid down in 2004 ACJ 452?"

3. The above question of law is no longer res integra in view of the decision of the Apex Court in Oriental Insurance Company Vs. Siby George and Others, 2012 (4) T.A.C. 4 (S.C.) which is later in point of time, wherein it is held that liability to pay interest is on Insurance Company. All other grounds mentioned in the memo of appeal are in the realm of question of facts and the finding of the Commissioner on these issues are not perverse, hence, are not disturbed by this Court as this Court is fortified in its view by the decision of the Apex Court passed in Civil Appeal No.7470 of 2009 North East Karnataka Road Transport Corporation Vs. Smt. Sujatha decided on 2.11.2018, Golla Rajanna Etc. Etc. Vs. Divisional Manager and Another, 2017 (1) TAC 259 (SC) & Mayan vs. Mustafa and another, 2022 ACJ 524 wherein the Apex Court has held that under Section 30 of Workmen Compensation Act, the High Court cannot enter into the arena of facts unless they are proved to be perverse and unless there is a question of law involved.

4. The decision in Salim vs. New India Assurance. Co. Ltd. and another, 2022 ACJ 526 also will not permit this Court to interfere with the well reasoned judgment of learned Commissioner.

5. In view of the above, the appeal fails and is dismissed.

6. Interim relief, if any, shall stand vacated forthwith. The Registry will forward this order to the Workmen Compensation Commissioner who shall immediately summon the legal heirs of the claimant and disburse the amount kept in fixed deposit with interest accrued on the said amount till date within 30 days from the date of receipt of this order. Record be transmitted to Commissioner.

Order Date :- 18.4.2023

DKS