ORIENTAL INSURANCE CO LTD Vs. DHIRENDRASINH LAXMNSIN SOLANKI

JUDGEMENT

(1.) THE appellant has brought under challenge an award dated 26/4/2002 passed in Workmen's Compensation Case No.8 of 1996 (Old No.13 of 1995) by the learned Commissioner of Workmen's Compensation, Nadiad appointed under the Workmen's Compensation Act, 1923 (hereinafter referred to as "the Act") whereby learned Commissioner has awarded Rs.1,06,900.80 towards the compensation payable under the Act. Learned Commissioner has also awarded additional compensation as penalty at the rate of 50% and interest as per the provisions under the Act. Aggrieved by the said direction and award, the appellant insurance company has preferred present appeal.

(2.) AT the outset it is necessary to note that by order dated 16/12/2003 passed while admitting the appeal, the Division Bench (Coram:N.G.Nandi and D. P. Buch, J.J., as their lordships then were) has restricted the scope of appeal by limiting the challenge to the direction granting additional compensation and thereby imposing obligation to pay penalty to the tune of Rs.54,450/ -. Differently put, the challenge against the quantification of compensation amount and/or the liability to pay the compensation and/or against the interest portion have not been entertained and the Court restricted the appeal only against the direction requiring payment of penalty. Hence, in view of the said order dated 16/12/2003, the other directions are not required to be examined.

(3.) SO far as the factual background is concerned, it comes out from the award that on 6/11/1994 the claimant was on duty and driving a Jeep bearing registration No.GJ -8 -1166 from Borsad. While he was passing through the cross roads at Dharmaj, another vehicle (luxury bus) coming in excessive speed from opposite direction dashed with the vehicle driven by the applicant, as a result of which the applicant suffered serious injuries. The applicant lost consciousness and had to be removed to hospital. He had to undergo treatment as indoor and outdoor patient for long time. Since despite the injuries which he suffered on account of the accident which had arisen out of and in the course of employment any compensation was not paid, the claimant was compelled to file the Workmen's Compensation Case No.8 of 1996 claiming compensation under the Act along with interest and penalty.