THE NEW INDIA ASSURANCE COMPANY LTD. vs PRADEEP KUMAR @ PRADEEP YADAV AND ORS.

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 06 March 2025 Judgment pronounced on: 02 April 2025 FAO 289/2022 & CM APPL. 49643/2022 THE NEW INDIA ASSURANCE COMPANY LTD. .....Appellant Through: Mr. Gaurav Nair & Ms. Veera Mathai, Advs. versus PRADEEP KUMAR @ PRADEEP YADAV AND ORS. ....Respondents Through: Mr. R.K. Nain, Ms. Pratima N. Lakra, Mr. Chandan Prajapati & Ms. Anamika, Advs. for R1 & 2. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA JUDGMENT DHARMESH SHARMA, J. 1. This appeal has been preferred by the appellant/insurance company whereby they have assailed the order/judgment dated 07.09.2022 passed by the Commissioner, Employees’ Compensation, District North West, whereby the claim for compensation filed by the respondents was allowed, granting him a total compensation of Rs. 17,06,175/- payable with interest @ 12% p.a. w.e.f. 16.05.2020 till its realization along with funeral expenses of Rs.5,000/- besides penalty amount of Rs.4,26,544/- under section 4A(3)(b) of the Employees’ Compensation Act 1923, (“the EC Act”) which liability was fastened on the shoulders of the appellant/insurance company. FAO 289/2022 2. Shorn off unnecessary details, admittedly, Sh.