IQBAL KHAN Vs. SURJEE DEVI

JUDGEMENT

(1.) This judgment shall decide an appeal preferred by the appellant/employer under Sec. 30(1) (aa) of the Employee's Compensation Act, 1923 [The Act] r/w Sec. 151 Code of Civil Procedure, 1908 [CPC] for setting aside the impugned judgment-cum-order dtd. 21/3/2018, whereby the learned Commissioner, Employee's Compensation imposed a penalty upon the appellant, in terms of Sec. 4A(3)(b) of The Act.

(2.) Briefly stated that one workman, Pappu Kamti, died in the course of his employment as a driver of the truck, which is owned by the respondent No.1 and was insured by the insurance policy issued by the respondent No.2. A claim petition was filed by his wife/widow and four children bearing No. WCD299/North-West/15/238 dtd. 26/3/2018. After due enquiry, it was decided vide judgment-cum-award dtd. 30/1/2017, whereby the respondent No.2 i.e. M/s. Oriental Insurance Co. Ltd. was directed to pay the compensation of Rs.8,31,920.00 along with interest @ 12% p.a. from 8/8/2015 till date of actual payment to the claimants.

(3.) Subsequently, the present complaint WCD299/North-West/15/238 dtd. 26/3/2018, was filed by the wife/widow of the deceased against employer/respondent No.1, as well as respondent No.2/Insurance Company, for consideration of imposition of penalty upon them in terms of Sec. 4A(3)(b) of The Act. This penalty is for the default in paying the compensation to the claimant on the death of her husband in the course of employment within one month from the date it fell due on them. The main challenged before the learned Compensation Commissioner by the respondent/employer, who is now the appellant, was that no independent proceedings can be launched for imposition or payment of penalty, as the said aspect was a part and parcel of the earlier judgment-cum-award dtd. 30/1/2017 passed by the learned Commissioner, Employee's Compensation. The appellant relied on the decision in the case of Delhi Development Authority v. Raju FAO 327/2016, decided on 27/10/2017.