Rajasthan High Court
Suresh Kumar vs Ishwar Lal Saini And Ors on 31 August, 2023
Bench: Narendra Singh Dhaddha
[2023:RJ-JP:19933]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 2867/2008
Suresh Kumar S/o Shri Gopal Lal, Aged 24 years, R/o
Balayeeyon Ka Mohalla, Mau District Sikar (Raj.)
----Appellant
Versus
1. Ishwar Lal Saini S/o Shri Mangal Chand Saini, aged 40 years,
R/o Dhani Jairamka Wali, Nagal Bheem, Tan Haspur, P.S.
Srimadhopur District Sikar. (Raj.)
2. The United India Insurance Company Limited, Regional Office,
Vishal Chamber, Tonk Road, Jaipur through Regional Manager.
---Non-Claimants-Respondents
For Appellant(s) : Mr. Sandeep Mathur, Adv.
For Respondent(s) : Mr. Vaibhav Jhankra, Adv. on behalf of
Mr. Tej Pratap Sharma, Adv. for
Insurance Company
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Judgment
Date Of Judgment 31/08/2023
The instant appeal has been filed by the appellant (for short
'the claimant') under Section 30 of Workmen Compensation Act,
1923 against the judgment dated 22.12.2007 passed by the
learned Workmen Compensation Commissioner, Jaipur District,
Jaipur (for short 'the learned Commissioner'), whereby the
learned Commissioner directed the respondent No.2-the United
Insurance Company Limited (for short 'the Insurance Company')
to deposit the compensation amount of Rs.2,29,394/- within one
month from the date of judgment, failing which the Insurance
Company would pay interest @ 12% per annum on awarded
amount from 22.01.2008 i.e. after 30 days from the date of
[2023:RJ-JP:19933] (2 of 3) [CMA-2867/2008]
judgment. In addition to the above, respondent No.1-Ishwar Singh
has been directed to deposit Rs.50,000/- as penalty within 30
days from the date of judgment.
Learned counsel for the claimant submits that the learned
Commissioner has committed an error in its judgment dated
22.12.2007 while giving direction to the Insurance Company to
pay the interest @ 12% per annum on awarded amount after 30
days from the date of judgment. So, judgment of the learned
Commissioner be modified.
Learned counsel for the claimant has placed reliance upon
the judgment passed by the Hon'ble Supreme Court in the case of
Oriental Insurance Co. Ltd. Vs. Siby George & others
reported in 2012 ACJ 2126.
Learned counsel for the Insurance Company has opposed the
arguments advanced by learned counsel for the claimant and
submitted that the learned Commissioner has rightly observed
that if the compensation amount of Rs.2,29,394/- is not paid by
the Insurance Company within 30 days from the date of judgment,
then interest @12% per annum on awarded amount would be paid
after 30 days from the date of judgment. So, the present appeal
filed by the claimant be dismissed.
I have considered the arguments advanced by learned
counsel for the claimant as well as learned counsel for the
insurance company.
The learned Commissioner vide its judgment dated
22.12.2007 directed the Insurance Company to pay the awarded
amount within 30 days from the date of judgment, failing which
interest @ 12% per annum would be paid by the Insurance
[2023:RJ-JP:19933] (3 of 3) [CMA-2867/2008]
Company on the said amount after 30 days from the date of
judgment. So, in my considered opinion, the judgment of the
learned Commissioner does not suffer from any illegality or
infirmity. So, the present appeal being devoid of merit, is liable to
be dismissed, which stands dismissed accordingly.
(NARENDRA SINGH DHADDHA),J
Gourav/186
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