- (1.) The only issue that arises in this appeal is whether the Insurance Company is liable to pay the interest amount under the Workman Compensation Act to the claimant or not ? Mr. Sangram Singh Solanki, the learned counsel for the appellants, who happen to be the owners of the offending vehicle, has contended that in the case of Kamla Chaturvedi Vs. National Insurance Company & Ors., 2009 1 SCC 487, the Hon'ble Supreme Court has settled this issue once and for all. In that case, the Apex Court had clearly held that in case of a vehicular accident, the provision of M.V. Act would be clearly applicable to a case under the Workman Compensation Act. Thus, the Insurance Company would be liable to pay the interest to the claimant. According to the learned counsel, even the present case is a case of vehicular accident. Hence, the ratio of that case is equally applicable to the present case.
(2.) On the other hand, Mr. Rishipal Agrawal, the learned counsel for the Insurance Company, has vehemently contended that in the case of P.J. Narayan Vs. Union of India & Ors., 2006 5 SCC 200, the Hon'ble Supreme Court had opined that the Insurance Company would not be liable to pay the interest under the Workmen Compensation Act unless there was a contract to that effect.
(3.) On the other hand, Mr. Shailesh Prakash Sharma, the learned counsel for the claimant-respondent, has argued that the interest of the claimant should be protected as he is entitled to get the interest.;