Prakash Tatia, J. - (1.) HEARD learned Counsel for the parties.
(2.) THE short questions involved in these appeals are whether the appellant insurance company was rightly held to pay the interest over the compensation amount awarded by the Workmen's Compensation Commissioner, Bhilwara in award dt. 29.08.2007? and if the insurance company is held to be liable, then from which day, the appellant is liable ? And lastly whether the increase of interest rate in case of default in payment can be justified? Both the learned Counsels for the parties submit that the issues have already been answered by the Hon'ble Apex Court the first two are answered by the judgment delivered in the case of Kamla Chaturvedi v. National Insurance Co. and Ors. reported in, MACD 2009 (SC) 4, wherein it has been held that the insurance company is liable to pay not only the principal amount of compensation payable by the insured employer but also the interest thereon if ordered by the Commissioner to be paid by the insured employer. The Hon'ble Apex Court held that unless liability to pay the interest is excluded expressly by contract between the insured and insurer, the insurance company is liable to pay interest under Section 4A(3) of the Workmen's Compensation Act, 1923.
(3.) IN this case, the liability of the insurer has not been excluded expressly and, therefore, the insurance company is liable to pay interest on the compensation.;