Harvinder Singh vs The Commissioner Empolyees ...
2017 Latest Caselaw 851 Del

$~37
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
%                          Date of Decision: 14th February, 2017
+      W.P.(C) 10248/2016 & CM No.40447/2016
       HARVINDER SINGH                          ..... Petitioner
                    Through:         Mr. Anil Kumar Gupta, Adv.

                        versus

       THE COMMISSIONER EMPOLYEES
       COMPENSATION AND ORS              ..... Respondents
                    Through: Mr. Radheshyam Singh, Adv.
                             for R3 to R6.
                             Mr. Ravi Sabharwal, Adv. for
                             R7.

       CORAM:
       HON'BLE MR. JUSTICE J.R. MIDHA

                      JUDGMENT (ORAL)

1. The petitioner has challenged the award of the Commissioner, Employees' Compensation whereby compensation of Rs.4,33,820/- has been awarded to respondents No.3 to 6.

2. The petitioner is the owner of truck bearing No. HR38L 9275 which was being driven by the driver, Mukesh on 16 th October, 2008. However, the truck as well as driver, Mukesh went missing whereupon the petitioner lodged FIR dated 18th December, 2008 under Section 407 IPC. The dead body of the driver Mukesh was found in Alipur on 18th October, 2008 whereupon FIR No.380/2008 dated 30th December, 2008 was registered by the police under Sections 302/201 of IPC.

3. The legal representatives of the deceased, Mukesh filed an application for compensation against petitioner before the Commissioner, Employees' Compensation which resulted in the award for Rs.4,38,820/- which is under challenge in this appeal.

4. The main ground of challenge in this appeal is that the offending vehicle was validly insured with Oriental Insurance Company Limited and, therefore, Oriental Insurance Company Limited is liable to satisfy the award. According to the petitioner, Oriental Insurance Company Limited paid the claim of the petitioner in respect of the loss of the truck.

5. Vide order dated 16th November, 2016, Oriental Insurance Company Limited was impleaded as respondent No.7 and they were directed to confirm the validity of the policy as well as the settlement of the theft claim made by the petitioner.

6. Mr. Ravi Sabharwal, learned counsel for the Oriental Insurance Company Limited confirms that a sum of Rs.5,61,000/- was paid to the petitioner on 09th April, 2010 towards the theft claim under the policy in question.

7. In view of the valid insurance policy issued by Oriental Insurance Company Limited to cover the vehicle in question, the liability to pay the compensation under the Employee's Compensation Act would shift to Oriental Insurance Company Limited.

8. Learned counsel or respondent No.7 submits that the liability to pay the interest should be put on the petitioner who did not implead the petitioner in the proceedings before the Commissioner, Employee's Compensation.

9. Learned counsel for the petitioner submits that the respondent No.7 be held responsible for the interest considering that the award amount remained with respondent No.7.

10. In the facts and circumstances of this case, this Court is of the view that the entire burden of the interest on award amount cannot be shifted to respondent No.7. The liability to pay interest is divided between the parties. The petitioner is held liable to pay interest on the award amount @ 5.6% per annum and the respondent No.7 held liable to pay interest @ 6.4% per annum.

11. The appeal is allowed and the Oriental Insurance Company Limited is directed to deposit Rs.4,33,820/- along with interest @ 6.4% per annum with UCO bank, Delhi High Court Branch by means of the cheque drawn in the name of UCO Bank A/c Dimple within 30 days. Pending application is disposed of.

12. The petitioner has already deposited Rs.2,00,000/- with UCO Bank, Delhi High Court Branch in terms of the order dated 16th November, 2016 which is sufficient to meet the petitioner's liability to pay the interest @ 5.6% per annum. The petitioner is not liable to pay any further amount and the order dated 16 th November, 2016 is modified to this extent.

13. List for disbursement of the award amount on 29th March, 2017 at 02:30 P.M.

14. Respondents No.3 to 6 shall remain present on the next date of hearing along with the passbook of their savings bank account near the place of their residence and PAN cards.

15. This Court appreciates the assistance rendered by Mr. Ravi

Sabharwal, learned counsel for Oriental Insurance Co. Ltd. in doing substantial justice to the poor claimants in this matter.

16. Copy of this judgment be given dasti to learned counsels for the parties under signature of Court Master.

FEBRUARY 14, 2017                                           J.R. MIDHA, J.
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