RANJEET SINGH RANA Vs. GATHIA

JUDGEMENT

(1.) This appeal is filed by the appellant/non applicant No.2 owner of the vehicle aggrieved by the order dated 17.12.2012, passed by the Commissioner for Workmen's Compensation Labour Court Rajnandgaon, C.G. in claim case No. 39/WC Act/Fatal, 2009, on the ground that Learned Commissioner without any show cause notice imposed penalty upon appellant to the tune of Rs. 1,47,868/- i.e. 50% of award.

(2.) Respondent Nos. 1 & 2/claimants filed a claim petition before the Commissioner for Workmen's compensation (for short 'the Commissioner') under Section 22 of the Workmen's Compensation Act, 1923, claiming compensation of Rs.2,95,737/- with penalty and interest at the rate of 18% per annum from the date of award till its realization. According to the claimants their son namely Rakesh Kumar, aged about 17 years, was in the employment of non-applicant No.2 as labour, who was engaged in the work of road construction and was earning Rs.100/- per day. On the date of accident i.e. 05.12.2008 respondent No.3/non applicant No.1 Shravan Kumar Sahu by driving the vehicle Tanker bearing registration No. CG04- ZC-1698 in rash and negligent manner dashed the deceased, as a result of which the deceased died on the spot. At the relevant time, the offending vehicle was owned by the appellant and insured with respondent No.4/non applicant No.3 Oriental Insurance company Ltd. Since the death of the deceased occurred during the course of employment in an accident arising out of the employment, the claimants filed the claim petition seeking compensation as mentioned above.

(3.) Respondent No.3/Non-applicant No.1, Shravan Kumar Driver of the vehicle filed his written statement and denied the allegation that the offending vehicle was being driven by him in the rash and negligent manner. According to him, the death of the deceased was solely on account of negligence of the deceased himself.