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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
:JUDGMENT:
D.B. CIVIL SPECIAL APPEAL NO.17/1997
(New India Insurance Co. Vs. Tirath Das & Ors.)
Date of Judgment : 11.03.2010
PRESENT
HON’BLE MR. JUSTICE A.M. KAPADIA
HON’BLE MR. JUSTICE GOPAL KRISHAN VYAS
Mr. Jagdish Vyas, for the appellant.
Mr. S.G. Ojha } Mr. K.K. Bhati on behalf of Mr. D.K. Parihar }, for the respondents.
Heard learned counsel for the parties.
In this appeal filed under Section 18 of the Rajasthan
High Court Ordinance, 1949, the New India Insurance Co. Ltd.,
has challenged the judgment dated 3.1.1996 passed by learned
Single Judge in SB Civil Misc. Appeal No.299/1989 whereby the
learned Single Judge enhanced the compensation so also held
the Insurance Company liable for interest and penalty both.
Learned counsel for the appellant while inviting attention of this
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Court towards the judgment rendered by Hon’ble Apex Court in
case of Kamla Chaturvedi Vs. National Insurance Co. & Ors.,
reported in MACD 2009 (SC) 4 argued that in the said judgment
Hon’ble Apex Court held that the penalty part of the claim is to
be paid by the employer and not by the Insurance Company.
We have perused the impugned judgment dated
3.1.1996 as well as the judgment cited by learned counsel for
the appellant.
After perusing the judgment of Hon’ble Apex Court in
case of Kamla Chaturvedi (supra), we are of the opinion that as
per the verdict of Hon’ble Apex Court, the penalty is to be paid
to the workman by the employer and not by the Insurance
Company. In this view of the matter, the impugned judgment
dated 3.1.1996 passed by learned Single Judge is modified to
the extent of payment of penalty by the employer and not by the
Insurance Company. However, it is made clear that the
remaining part of the interest and enhanced compensation shall
be deposited by the Insurance Company within a period of three
months after adjusting the previous amount, which is already
deposited by the Insurance Company. Further, the liability
imposed upon the Insurance Company with regard to penalty is
hereby shifted to the employer and employer is directed to
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deposited the amount of penalty within a period of three months.
It is made clear that if any amount of penalty is deposited by the
employer, the same shall be adjusted and shall be paid to the
claimant.
Accordingly, this appeal is partly allowed.
(GOPAL KRISHAN VYAS), J (A.M. KAPADIA), J
arun