DIVISIONAL RAILWAY MANAGER Vs. KANCHAN TIWARI

JUDGEMENT

(1.) This Appeal under Sec. 30 of the Employees' Compensation Act, 1923 (the EC Act) has been filed by the respondent in an Application under Sec. 4A(3)(b) of the EC Act, aggrieved by the order dtd. 23/5/2019 passed by the Commissioner, Employees' Compensation, Labour Department, whereby the respondent has been directed to pay interest of ₹ 2,39,138/- along with penalty @ 30% amounting to ₹1,28,142/- for the delay in depositing the compensation amount payable to the deceased's family member, i.e., his widow and son.

(2.) In this appeal, unless otherwise specified, the parties will be specified to as described in the original proceedings.

(3.) The facts of the present case originate from the demise of Shri Himanshu Tripathi, on 20/9/2009 who was employed with the respondent, Northern Railway, Indian Railways, as Signal Khalasi. He passed away due to an accident resulting in severe head injury while he was travelling from Talhari Bujurg to Rohana Kala Station during the course of his official duty. The joint inspection report dtd. 29/12/2013, prepared and signed by the authorised officials of the respondent confirmed that the deceased fell from a running train resulting in his death.