National Insurance Co. Ltd v. Raj Pal Singh And ANR

FAO No.7205 of 2010 (O&M)



   
  FAO No.7205 of 2010 (O&M) Date of Decision:12.02.2015 National Insurance Company Ltd.

%.Appellant

Versus

Raj Pal Singh and another %.Respondents      




Present:

Mr. Aditya Kochen, Adovcate for Mr. Ashwani Talwar, Advocate for the appellant. Mr. Yogesh Gupta, Advocate for respondent No.2. Mr. Anmol Malik, AAG, Haryana.



 1.

The appeal was filed by the Insurance Company only on the limited point that the Company was not liable to pay interest and the interest, if any, was to be paid by the employer.

2.

Counsel for respondent No.2 relying on Oriental Insurance Company Ltd. Vs. Siby George and others 2013 LIC 350, submitted that the present matter was covered by the said judgment as interest, liable to be paid by the employer, would be paid by the Insurance Company in case of valid insurance. 3.

Also in Ved Prakash Garg Vs. Premi Devi and others 1998 ACJ 1, the Supreme Court had held that the Insurance Company was liable to pay interest imposed against the employer, where there was a valid insurance. 4.

Counsel for the appellant had no counter argument to offer nor could he show any law to the contrary. In view of the law laid down by the Supreme Court as above, no cause survive in the appeal to the appellant. Rather no cause had arisen in favour of the Insurance Company. ISHWAR SINGH GARHWAL 2015.02.16 10:20 I attest to the accuracy and authenticity of this document

FAO No.7205 of 2010 (O&M) 5.

The appeal is dismissed.

  

             12.02.2015 ishwar ISHWAR SINGH GARHWAL 2015.02.16 10:20 I attest to the accuracy and authenticity of this document