In this workmen’s compensation interest dispute, the High Court dismissed the appellant’s appeal after counsel conceded that the liability question was already decided against them in subordinate proceedings and by the Supreme Court.
The appeal was ordered to be dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
FAO No.2574 of 2004 (O&M) Date of decision: 3.7.2013
New India Assurance Co. Ltd.
-----appellant(s)
Vs.
Gomti & ors.
-----Respondent(s)
CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG
Present:Mr. R.K. Bashamboo, Advocate
for the appellant.
RAKESH KUMAR GARG, J.
The Insurance Company has filed the instant appeal, challenging the order dated 19.1.2004 passed by the Commissioner, Workmen Compensation Act, Rewari.
This appeal was admitted vide order dated 10.12.2004 only on the question of liability of the appellant to pay interest. The aforesaid order reads thus:-
“Document is taken on record, subject to just exceptions.
Appeal is admitted confined to the question of liability of the appellant to pay interest.
Disbursement of the amount of interest is stayed.”
FAO No.2574 of 2004
2
On 9.8.2011, this case was taken up before the Lok
Adalat and following order was passed:-
“This appeal is directed against the award of the Commissioner under the Workmen’s Compensation Act at the behest of the Insurance Company.
Learned counsel appearing for the appellant(s) submits that the only point involved in this appeal is about the grant of interest from the date of the application till the date of payment.
In view of the above, this appeal be also listed along with FAO No.2054 of 2006 after obtaining the appropriate orders from Hon’ble the Chief Justice.”
However, counsel for the appellant has very fairly stated that the question of payment of interest by the appellant, as raised, has already been decided against the Insurance Company vide judgment dated 10.1.2013 passed in FAO No.2575 of 2004 New India Ass. Co. Ltd. v. Smt. Bimla Devi & ors. and also by the judgment of the Hon’ble Supreme Court in Oriental Insurance Co. Ltd. v. Siby George and others 2012 ACJ 2126.
In view of the aforesaid submission, this appeal is ordered to be dismissed.
July 03, 2013 [RAKESH KUMAR GARG] ak JUDGE
Colour shows how this judgement treated each authority
New India Ass. Co. Ltd. v. Smt. Bimla Devi & ors.Referred¶29
New India Ass. Co. Ltd. v. Smt. Bimla Devi & ors.
Oriental Insurance Co. Ltd. v. Siby George and othersReferred¶29
Oriental Insurance Co. Ltd. v. Siby George and others 2012 ACJ 2126
New India Assurance Co. Ltd.
Gomti & ors.
Rakesh Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
