NATIONAL INSURANCE COMPANY LIMITED vs SARIPAN AND ORS

FAO-3239-2019 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 268 FAO-3239-2019 (O&M) Date of decision : 07.05.2026 National Insurance Company Limited ...... Appellant versus Saripan and others ...... Respondents CORAM : HON'BLE MR. JUSTICE PANKAJ JAIN Present: Mr. R.C. Gupta, Advocate for the appellant. Mr. Ashish Gupta, Advocate for respondents No.1 to 7/claimants. **** PANKAJ JAIN, J. (Oral) 1. The only issue raised by the counsel representing the appellant is with respect to liability to pay penalty awarded by the Commissioner. 2. Keeping in view the ratio of law laid down in the case of Ved Prakash Garg vs. Prem Devi reported as 1997 AIR (SC) 3854, the order passed by the Commissioner is modified to the extent that the insurance company is absolved of its liability to pay penalty amount, i.e. Rs.423850/- along with interest thereon. The penalty as well as the interest thereon, shall be paid by the employer, i.e. respondent No.8 and not by insurance company. 3. Accordingly, the present appeal is disposed off. (PANKAJ JAIN) 07.05.2026 JUDGE Dinesh Whether speaking/reasoned : Yes DINESH KUMAR Whether Reportable : No 2026.05.11 18:15 I attest to the accuracy and integr