Delhi High Court
Rajinder @ Surinder & Ors. vs Bajaj Allianz General Insurance ... on 25 April, 2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO No. 205/2016
% 25th April, 2017
RAJINDER @ SURINDER & ORS. ..... Appellants
Through: Ms. Aruna Mehta, Advocate.
versus
BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.
..... Respondent
Through: Ms. Sunanda Nimisha, Adv.
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL)
1. This first appeal is filed under Section 30 of the
Employee's Compensation Act, 1923 (in short 'the Act') by the
appellants/claimants against the order of the Employee's
Compensation Commissioner dated 14.1.2016. Appellants/claimants
are aggrieved by the impugned order dated 14.1.2016 on the ground
that by the impugned order payment of interest has only been ordered
from 21.7.2002 till 16.3.2005 i.e the date of deposit of compensation,
instead of interest being granted till the actual date of payment and as
is required by Section 4A of the Act.
2. In my opinion in fact, the entire impugned order dated
14.1.2016 is completely without jurisdiction and the
appellants/claimants are in fact lucky even to get interest 12% per
annum simple from 21.7.2002 till 16.3.2005 inasmuch as the claim
application which has now been allowed by the impugned order dated
14.1.2016 is clearly barred by principle underlying the provision of
Order II Rule 2 CPC. The reasons for the same are given hereinafter.
3. Appellants/claimants had earlier filed a claim petition and
which was allowed by the Employee's Compensation Commissioner
vide order dated 3.3.2005 awarding an amount of Rs. 3,34,065/-.
Against this judgment dated 3.3.2005 a challenge was laid by the
insurance company, respondent herein, but this challenge was not
successful and the FAO No. 94/2005 was dismissed by a learned
Single Judge of this Court vide judgment dated 17.8.2012. The order
of the Employee's Compensation Commissioner dated 3.3.2005
awarding compensation to the appellants/claimants hence became
final.
4. Indubitably, as per the earlier judgment dated 3.3.2005,
the penalty of 50% was not granted to the claimants as per Section 4A
of the Act and nor was any interest ordered to be paid. Though the
judgment dated 3.3.2005 is not clear, counsel for the
appellants/claimants states that when by the judgment dated 3.3.2005
compensation of Rs. 3,34,065/- was awarded, the said amount did not
include the penalty of 50% and interest at 12% per annum simple on
account of non-compliance of Section 4A of the Act which requires the
deposit of compensation on account of accident within a period of one
month.
5. Once by the main judgment dated 3.3.2005
appellants/claimants were not awarded penalty of 50% and interest on
the payable amount required by Section 4A of the Act, then it was for
the appellants/claimants to file an appeal against the judgment dated
3.3.2005 seeking the penalty of 50% as also interest in terms of Section
4A of the Act. Appellants/claimants however did not do so and now
appellants/claimants have again filed a fresh claim petition which has
been allowed by the impugned judgment dated 14.1.2016 giving an
amount of Rs.1,06,900/- to the appellants/claimants being interest at
12% per annum from the date of the accident being 21.7.2002 till the
deposit of the compensation amount on 16.3.2005. It is therefore clear
that the claim petition which has now been allowed by the impugned
judgment dated 14.1.2016 was itself misconceived and in fact the
Employee's Compensation Commissioner had in fact no power to
again allow a fresh claim petition to be filed with respect to the claim
towards interest once interest was not granted as per the original
judgment dated 3.3.2005 and which had become final.
Appellants/claimants are therefore already very lucky in getting
interest by the impugned judgment, although, no interest whatsoever
could have been granted. Once interest could not have been granted by
the impugned judgment there does not arise issue of any further
interest being granted to the appellants/claimants from 16.3.2005 till
the date of payment.
6. Dismissed.
APRIL 25, 2017/ib VALMIKI J. MEHTA, J
