Paramjit Kaur v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Decided on : 29.10.2025 PARAMJIT KAUR . .Appellant. .

Versus

STATE OF PUNJAB AND OTHERS . . . Respondent CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE VIKAS SURI PRESENT: Ms. Meenu, Advocate for the petitioner. Mr. Rahul Rampal, Additional Advocate General, Punjab. Mr. H. S. Ghuman, Advocate for respondents.

**** HARSIMRAN SINGH SETHI , J. (Oral) CM-2729-LPA-2023 The prayer in the present application is for condonation of delay of 58 days in filing the present appeal ( LPA-1067-2023). Keeping in view the averments enumerated in the application, which are duly supported by an affidavit, the same is allowed. Consequently, the delay of 58 days in filing the present appeal (LPA-1067-2023) is condoned.

LPA-1067-2023 1.

In the present appeal, the only prayer raised by the learned counsel for the appellant is that although the compensation has been granted in favour of the appellant vide order dated 10.03.2023 passed by the learned Single Judge in CWP-20661-2018, but no interest on the said compensation amount has been granted to the appellant, even though the compensation amount was paid to the appellant after a period of ten years from the date of

-2incident i.e. 15.06.2015 wherein, the son of the appellant, aged 22 years had unfortunately died while working with the respondent-Corporation. 2.

Learned counsel for the appellant submits that though, no claim for interest was raised by the appellant in the original petition seeking compensation but the same lies within the discretion of the Court to grant, hence, this Court may kindly come to the rescue of the appellant so as to compensate her with interest on the compensation amount, keeping in view the delay in releasing the entitled compensation. 3.

Learned counsel for the respondents submits that once, no prayer was made by the appellant for the grant of interest earlier, non-grant of the same by the learned Single Judge, cannot be treated as perverse and therefore, the appeal may kindly be dismissed. 4.

We have heard learned counsel for the parties and have gone through the case file with their able assistance. 5.

It may be noticed that the appellant lost her young son due to an incident for which the respondent-Corporation was held liable and compensation was awarded in favour of the appellant. The said compensation amount was paid by the respondent- Corporation after a period of nine years from the date of the incident, as the son of the appellant had unfortunately died on 15.06.2015 and compensation was given to the appellant on 20.06.2024 i.e. after a period of nine years. 6.

The reliance is being placed by the learned counsel for the appellant upon the judgment passed by the Hon'ble Supreme Court of India in Civil Appeal No. 5193 of 1997, titled as " Abati Bezbaruah versus Dy. Director General, Geological Survey of India and another", decided on 14.02.2003, wherein it has been held that the discretion in the grant of

-3interest lies with the Tribunal or High Court as the case may be. 7.

Keeping in view the fact that the son of the appellant lost his life nine years before the award of the compensation was passed and had the compensation been paid to the appellant immediately, she could have utilized the same at the relevant time, which she could not do for a period of 10 years, hence, it is a fit case to exercise the discretion to grant the interest should be exercised by the Court despite the fact that the same was not prayed for earlier in the writ petition.

8.

Hence, keeping in view the above, the compensation amount awarded in favour of the appellant will also carry interest on the delayed payment of said compensation amount @ 6% per annum, from the date the said amount accrued i.e. 15.06.2015 till the actual payment of the same i.e. 20.06.2024.

9.

Let the present order be complied with within a period of eight weeks from the date of receipt of certified copy of this order. 10.

The present appeal is allowed in above stated terms. 11.

Pending civil miscellaneous application(s), if any, stand disposed of.

(HARSIMRAN SINGH SETHI) JUDGE ( VIKAS SURI ) JUDGE 29.10.2025 Riya Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No