VINEY MITTAL, J. - (1.) FOR the reasons stated in the application, delay in filing the present appeal is condoned.
(2.) THE present appeal has been filed by the Oriental Insurance Company Limited challenging the award dated September 8, 2004 passed by the Commissioner, Workmen's Compensation Act. The primary grievance raised by the learned Counsel for the appellant is with regard to the award of the interest in favour of the claimants. The learned Counsel for the appellant has relied upon a judgment of the Apex Court in P.J. Narayan v. Union of India and Ors. IV (2005) ACC 563 (SC) : 2004 (1) PLR 3, to contend that the Insurance Company was not liable to pay the interest.
(3.) HOWEVER , from the perusal of the aforesaid judgment, I find that the said judgment is not applicable to the present controversy at all. In P.J. Narayan's case (supra), the challenge made by the insured was with regard to the enhancement of a clause in the insurance policy by the company that the Insurance Company would not be liable to pay the interest. The said contention of the insured was rejected by the Apex Court on the ground that the insurance was a matter of contract between the Insurance Company and the insured and it was always open to the Insurance Company to refuse to insure. In the present case, there is no such exclusion of the interest clause.;