SUPERINTENDING ENGINEER KEB HUBLI Vs. KADAPPA MALLAPPA

JUDGEMENT

(1.) This appeal by the employer is directed against the order dated 11.3.1980 passed by the Commissioner for Workmen's Compensation & Asst. Commissioner, Dharwad Dn. Dharwad in No. No. N. FA 1/72, on his file, levying penalty of Rs.1,000 and directing paying of interest at 6% per annum from 25.1.1971 to 9.3.1973, on the amount of compensation awarded.

(2.) In this case, the applicant was an employee under the appellant and he fell within the definition of the term 'workman' under the Workmen's Compensation Act, (hereinafter referred to as 'the Act') . When he was carrying out his duties in the course of his employment, he fell down and sustain - ed injuries on 7.3.1971 at about 6.30 P.M. Thereafter, he served the employer with a notice dt. 19.5.1971 demanding compensation of Rs.11,800. He averred therein that he lost the use of both his legs and further that he had sustained injuries on his head. The employer, however, did not respond to the notice by depositing the amount before the Commissioner for Workmen's Compensation. On the other hand, he replied the notice on 9.6.1971 demanding of the workman to get himself examined before a competent doctor and to produce a medical certificate. The workman presented the application for compensation before the Commissioner under the Act. Notice of the application before the Commissioner was served on the appellant on 31.5.73 asking him to deposit the amount by 4.6.1973. The employer however, did not deposit the amount within that time. Thereafter, the workman produced the medical certificate before the Commissioner on 20.6.1973 and it is only on 9.7.1973 that the employer deposited Rs.9,800 before the Commissioner. The workman, taking advantage of the fact that the amount was not deposited within thirty days from the due date, made an application before the Commissioner under S .4A of the Act praying that the employer should be directed to pay penalty and interest. That was resisted by the employer and the Commissioner dismissed the application by his order dt. 25.11.1975. Aggrieved by the said order, the workman appealed to this Court in MFA. No. 158 of 1976 and this Court by its order dt. 26.2.1979 set aside the order and remitted the case back with a direction that the Commissioner should determine when the compensation fell due and whether there was any justification for the delay in depositing the amount, after giving opportunity to both the parties. Thereafter, the Commissioner fixed the case for hearing and the parties and Counsel were present and Counsel argued the matter before the Commissioner and the Commissioner, by his order dt. 11.3.1980, taking into consideration the arguments advanced before him, levied penalty of Rs. 1,000 on the employer and directed that he shall pay interest at 6% per annum on the compensation amount from 21.5.1971 till 9.7.1973. It is against that order that the present appeal is instituted.

(3.) The learned Counsel appearing for the appellant strenuously urged before us that the Commissioner for Workmen's Compensation did not follow the direction given by this Court, as he did not give opportunity to the parties to adduce additional evidence and that he was not justified in levying penalty arbitrarily. He also contended that he could not levy interest on the compensation amount as is done by him.