DINESH KUMAR GOLECHHA Vs. MEENA BAI YADAV

JUDGEMENT

(1.) Misc. Appeal No. 805 of 2005 filed by the employer and Misc. Appeal No. 1183 of 2005 filed by the workman/claimant are being disposed of by this common order as both the appeals arise out of one and the same accident and are directed against the award dated 28.4.2005 passed by Commissioner for Workmen's Compensation, Labour Court, Rajnandgaon (for short, 'the Commissioner') in Case No. 19/W.C. Act/Non-Fatal/ 2004 granting compensation to the extent of Rs. 64,559 and 45 per cent penalty (Rs. 29,052) along with interest at the rate of 6 per cent per annum.

(2.) Facts necessary for disposal of these appeals are as under:

(3.) Feeling aggrieved and dissatisfied with the award passed by the Commissioner, the claimants have filed Misc. Appeal No. 1183 of 2005 under section 30 of the Act of 1923 claiming that the original claimant/workman has suffered injuries in the accident resulting in permanent disability to the extent of 100 per cent as well as penalty imposed is not commensurate with the disability suffered by appellant-claimant, in which the respondent Oriental Insurance Co. Ltd. has filed cross-objection stating, inter alia, that insurance company is not liable to make payment of compensation. The employer has filed M.A. No. 805 of 2005 stating that while imposing penalty, opportunity of hearing under proviso to section 4-A (3) of the Act of 1923 has not been afforded to the employer, therefore, award imposing penalty deserves to be set aside.