United India Insurance Company Ltd. vs Nathu Singh and Others

Jasbir Singh, J.—Vide impugned order dated November 7, 2005, passed by the Commissioner under Workmen''s Compensation Act, 1923, compensation amount to the tune of Rs. 4.23,580 along with interest has been awarded in favour of respondent Nos. 1 to 3. It is grievance of Counsel for the appellant that respondent Nos. 5 and 6, who are none other than widow and minor daughter of the deceased, have also filed an application claiming compensation at Muzaffar Nagar. Counsel states that their share should have been determined by the Court below while granting compensation. An apprehension has been raised that as the same is not done, appellant may be forced to contest litigation against respondent Nos. 5 and 6. This Court is of the view that the apprehension raised is not justified. It is apparent from the records that after passing of the award under challenge, appellant has moved an application for the purpose, referred to above, and the Court below vide order dated November 20, 2005, has specifically stated that as respondent Nos. 5 and 6 have already filed an application to demand their share in the compensation awarded, the same shall be determined on the basis of evidence led by them. Under these circumstances, this Court is of the opinion that no case is made out to interfere on that account. However, keeping in view facts and circumstances of the case, it is ordered that the Commissioner shall disburse the compensation to respondent Nos. 1,2 and 3 after deciding claim of respondent Nos. 5 and 6. So far as payment of interest is concerned, in view of the ratio of the judgment of the Hon''ble Supreme Court in Ved Prakash Garg Vs. Premi Devi and others, and the judgment of this Court in F.A.O. No. 326 of 2006 Ved Prakash Garg Vs. Premi Devi and others, rendered on January 20, 2006, Insurance Company has rightly been burdened with the same.

Dismissed.