The Oriental Insurance Company ... vs Chandar Singh
2023 Latest Caselaw 16803 MP

                                                          1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                             ON THE 10 th OF OCTOBER, 2023
                                               MISC. APPEAL No. 299 of 2017

                           BETWEEN:-
                           THE ORIENTAL INSURANCE COMPANY LTD. THROUGH
                           BRANCH MANAGER T.P. HUB 11 V JUBALI GATE,
                           INDRAPUR, BHPAL (MADHYA PRADESH)

                                                                                     ....APPELLANT
                           (BY SHRI ROHIT JAIN - ADVOCATE)

                           AND
                           1.    CHANDAR SINGH S/O SHRI RAM PRASAD
                                 MALVIYA, AGED ABOUT 42 YEARS, OCCUPATION:
                                 THROUGH SUIT FRIEND (FATHER) RAMPRASAD
                                 MALVIYA VILL PALKHEDI, TEH ICHHAWAR
                                 (MADHYA PRADESH)

                           2.    RAMESH PRASAD S/O SHRI RAM OCCUPATION:
                                 DRIVER NARYAVALI DISTT. SAGAR (MADHYA
                                 PRADESH)

                           3.    GULAB CHAND JAIN S/O SHRI B.L JAIN KATRA
                                 BAZAR, RISHABH TRASPORT SAGAR (MADHYA
                                 PRADESH)

                                                                                  .....RESPONDENTS
                           (BY SHRI ANOOP SAXENA - ADVOCATE)

                                 This appeal coming on for admission this day, th e court passed the
                           following:
                                                           ORDER

This appeal under Section 30 of the Workman Compensation Act, 1923, is filed by the Insurance Company, being aggrieved of the order dated 29.09.2016, passed by Labour Court No.2, Bhopal (M.P.), in Case

Signature Not Verified Signed by: ASHWANI PRAJAPATI Signing time: 12-10-2023 10:10:45

No.4/WCA/2014, Fatal, instituted on 28.07.2014.

Shri Rohit Jain, has taken three grounds to assail impugned order. First ground is that date of accident is 24.01.1993. Application under Workman Compensation Act was filed on 28.07.2014 and, therefore, interest could not have been awarded from the date of the accident. There was no application filed to seek condonation of delay for pursuing the remedy before another forum. Thirdly, income has been taken at Rs.4,000/- per month, whereas, as per the Schedule for an accident which took place in the year 1993, income should have been taken at Rs.1,000/- per month.

Shri Anoop Shrivastava, learned counsel for respondents, in his turn,

submits that as far as aspect of income is concerned that has to be reduced, but interest will not be reduced in terms of the judgment of Bombay High Court in New India Assurance Company Limited Vs. Bharati Adhik Patil 2016 (151) FLR 870.

After hearing learned counsel for the parties, income of the deceased is to be taken at Rs.1,000/- per month, 50% of it will be Rs.500/- and when factor of 220.137, as applied by the Tribunal is applied, then total compensation will come out to Rs.1,10,685/- (Rupees One Lakh, Ten Thousand, Six Hundred and Eighty Five) in place of Rs.4,42,740/-.

Thus, there will be reduction to the tune of Rs.3,32,055/-. As far as interest is concerned, there is substance in the arguments put- forth by Shri Rohit Jain that earlier workman had filed a claim before the Commissioner for Workman, then withdrew it, then had filed before the Motor Accident Claims Tribunal and then after withdrawing it, again filed before the Commissioner for Workman Compensation on 18.07.2014. Thus, claimant was since oscillating and doing forum hunting, liability of interest cannot be saddled Signature Not Verified Signed by: ASHWANI PRAJAPATI Signing time: 12-10-2023 10:10:45

on the employer and the Insurance Company for that period for which delay was caused by the employee.

When this aspect is examined on the touchstone of the judgment of Bombay High Court in New India Assurance Company Limited Vs. Bharati Adhik Patil (supra), then facts of that case are different.

In the present case, since claimant was busy in forum hunting, interest can only be awarded from the date of filing of the present claim i.e. 28.07.2014 @ 12% per annum, till the date of actual payment and not from any earlier date.

Therefore, it is directed that Insurance Company shall satisfy the award and pay a sum of Rs.1,10,685/- (Rupees One Lakh, Ten Thousand, Six Hundred and Eighty Five) along with 12% interest per annum, from the date of filing of Claim Petition, till the date of actual payment.

In above terms, appeal stands disposed of. Let record of Claims Tribunal be sent back.

(VIVEK AGARWAL) JUDGE A.Praj.

Signature Not Verified Signed by: ASHWANI PRAJAPATI Signing time: 12-10-2023 10:10:45