THE ORIENTAL INSURANCE CO. LTD v. BEENA GUPTA AND ORS
FAO/205/2025 · 2026-07-07
Manoj Kumar Ohri
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5184 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5184 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO 205/2025 and CM APPL. 44595/2025
THE ORIENTAL INSURANCE CO. LTD .....Appellant
Through: Mr. J.P.N. Shahi, Advocate
versus
BEENA GUPTA AND ORS
.....Respondents
Through: Mr. Anshuman, Advocate for respondent No. 1
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R %
07.07.2026
1. The present appeal has been filed under Section 30 of the Employee’s Compensation Act, 1923 (hereinafter referred to as the “Act”), assailing the
order/award dated 25.10.2024 passed by the learned Commissioner, Employees Compensation, Pushpa Bhawan, Pushp Vihar, New Delhi.
2. Upon the appeal being filed, the Predecessor Bench, vide order dated 25.07.2025, issued limited notice only to the extent of award of interest @ 12%.
3. Today, learned counsel for the appellant contends that the award of interest @ 12% is on the higher side.
4. Section 4A(3)(a) of the Act reads as under:
“(a) direct that the employer shall, in addition to the amount of the arrears, pay simple interest thereon at the rate of twelve per cent per annum or at such higher rate not exceeding the maximum of the lending rates of any scheduled bank as may be specified by the Central Government, by notification in the Official Gazette, on the amount due.”
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/07/2026 at 10:52:31
A plain reading of the aforesaid provision shows that the Statute itself contemplates payment of simple interest at the rate of 12% per annum. In the present case, the learned Commissioner has awarded interest only at the statutory rate of 12% per annum.
5. In view of the above, I find no ground to interfere with the impugned
order/award and entertain the present appeal. Accordingly, the same is dismissed alongwith the pending application.
6. Needless to state that the amount lying deposited with the Registry of this Court shall be released to the respondent, alongwith interest accrued thereon.
MANOJ KUMAR OHRI, J JULY 7, 2026 na
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/07/2026 at 10:52:31