Allowed¶23

Joginder Singh v. Sat Pal Arora and Ors.

Punjab & Haryana HC12 Mar 2025FAO/1046/1994

Case brief

AI extract

What is this about?

FAO-1046-1994 (O&M); Joginder Singh v. Sat Pal Arora and another; Employees' Compensation Act 1923; Section 4(1)(b); Section 4(a); quantum of compensation; interest @ 12% per annum; accident dated 09.12.1987; Commissioner; set off; Punjab and Haryana High Court at Chandigarh; decision 12.03.2025; Pankaj Jain, J.

What did the court decide?

Impugned Commissioner's order modified: compensation fixed at Rs. 1,99,660/- (1600 x 60/100 x 207.98) and interest @ 12% per annum from 08.01.1988 till date of actual realization; amount already paid to be set off. ¶23

Joginder Singh Vs Sat Pal Arora and Ors. — Punjab & Haryana HC (2025) — LawSathi Research

¶1

¶2

FAO-1046-1994 ( O &M)

¶3

[102] IN THE HIGH COURT OF P UNJAB AND HARYANA AT CHANDIG A RH

¶4

FAO-104 6 -1994 (O&M) Date of D ecision :12.03.2025

¶5

Joginder S ingh …Appellant

¶6

versus

¶7

Sat Pal A r ora and another ….Respondents

¶8

Coram : HON’BLE MR. JUSTICE PANKAJ JAIN

¶9

Present: Mr. Ashok Kumar Khubbar, Advocate for the appellant. Mr. Pradeep Kumar, Advoca t e for respondent No.2-Insuran c e Company.

¶10

¶11

PANKAJ JAIN, J. (ORAL)

¶12

[1] The sole dispute is with resp e ct to quantum of compensation .

¶13

[2] Counsel for the appellant h a s drawn attention of this Cour t to para No. 9 of the impugned order, wher e by the Commissioner returned the finding t h at the appellant was in fact dra w ing salary of Rs.1600/- per m o nth and was held entitled for compensati o n in terms of Section 4 of the Employe e s’ Compensation Act, 1923. H e relies upon Section 4(1) (b ) to submit t h at the compensation payable w ould be 1600 x 60 / 100 x 20 7 .98 =1,99,66 0 /-. He further drawn attentio n of this Court to award of inte r est whereby C ommissioner observed as under:- “The respondent No.2 is di r ected to deposit the above am o unt within 30 days failing which interest @ 12% per annum wil l be payable by them.”

¶14

RAJNEESH SHARMA 2025.03.21 10:26 I attest to the accuracy and integrity of this document

¶15

¶16

FAO-1046-1994 ( O &M)

¶17

[3] He further relies upon Secti o n 4(a) to submit that the appel l ant would be entitled to interest @12% per annum for the period commen c ing from 30 d ays after the date of accident til l the date of actual realization. [4] In the present case, date of accident is 09.12.1987. Thus, the appellant would be entitled for intere s t on the awarded amount w . e.f. 08.01.19 8 8 till the date of actual realizati o n.

¶18

[5] Counsel for respondent No . 2-Insurance Company is not i n a position t o dispute the aforesaid entitlem e nt of the appellant, which is b o rne out from b are provision of the statute.

¶19

[6] Accordingly, the impugned o rder passed by the Commissi o ner

¶20

is modifi e d to the following effect:-

¶21

Compensation = 1600 x 60 / 100 x 207.98 =1,99,660/- . 2. Interest = @ 1 2% for the period commencing fro m 08.01.1988 till the date of act u al realization.

¶22

[7] Needless to say, amount alr e ady paid to the appellant shal l be set off .

¶23

[8] Disposed off accordingly. [9] All pending miscellaneous a p plication(s), if any, stand disp o sed

¶24

off .

¶25

(PANKAJ JAIN) JUDGE

¶26

12.03.20 2 5

¶27

‘R. Sharma'