SIMPLEX INFRASTRUCTURES LTD Vs. CHANDAN KUMAR & ANR

JUDGEMENT

(1.) Vide order dated 04th April, 2016, the Commissioner Employees Compensation awarded compensation of Rs.10, 48, 656/- to respondent No.1 along with interest at the rate of 12% per annum. The appellant has deposited the compensation amount which has been released to the respondent No.1. Respondent No.2 has reimbursed the said amount to the appellant in terms of order dated 10th January, 2018.

(2.) Vide order dated 01st March, 2017, this Court issued show cause notice to the appellant to show cause why not the penalty be imposed under Section 4A(3)(b) of the Employees Compensation Act. The appellant has filed the reply to the show cause notice.

(3.) Learned counsel for the appellant submits that the respondent No.1 was employed by the sub-contractor and the appellant did not get the intimation of the accident and therefore, could not provide any medical or other assistance to respondent No.1 after the accident. It is further submitted that the appellant was not aware about the whereabouts of the respondent No.1. It is submitted that the lenient view be taken for imposition of the penalty.