Vijay Kumar v. Prem Singh And ORS

FAO-1732-2002 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH FAO-1732-2002 (O&M) Date of decision : 28.04.2026 Vijay Kumar ....Appellant

Versus

Prem Singh & ors.

....Respondents CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN ***** Present :- Mr. Varun Sharma, Advocate for Mr. Rakesh Nagpal, Advocate for the appellant.

Mr. V.K.Garg, Advocate for respondent No.3.

***** PANKAJ JAIN, J.(ORAL) CM-6584-CII-2002 This is an application seeking condonation of delay of 64 days in filing the present appeal.

For the reasons recorded in the application, this Court is satisfied that the applicant-appellant has shown sufficient cause to condone the delay in filing the appeal.

Application is allowed. Delay of 64 days in filing the appeal is condoned.

Main case The present appeal is disposed off with the following modification in the impugned award passed by the Commissioner :- POOJA SHARMA 2026.04.30 16:06 I attest to the accuracy and integrity of this document

FAO-1732-2002 (O&M) (i) The claimant is held entitled for interest @ 12% p.a. on the compensation amount for the period commencing from 30 days after the date of accident, i.e. 30 days after 20.08.1995, till the date of actual realization of the compensation amount in terms of Section 4A of the Workmen's Compensation Act, 1923 (for short, 'the 1923 Act').

(ii) The claimant shall also be entitled for penalty which shall be 30% of the compensation awarded by the Commissioner along with interest @7% per annum from the date of order till the date of actual realization.

(iii) The penalty awarded along with the interest accrued thereon shall be paid by the employer and not by the insurance company. The interest awarded on the compensation @ 12% p.a. shall be paid by the insurance company.

( PANKAJ JAIN ) 28.04.2026 JUDGE Pooja Sharma-I Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No POOJA SHARMA 2026.04.30 16:06 I attest to the accuracy and integrity of this document