ORIENTAL INSURANCE CO LTD Vs. PASANBHAI LAKHUBHAI CHARAN

JUDGEMENT

(1.) BY way of this appeal, the appellant-original opponent No.2 has challenged the judgement and award dated 15.02.193, passed by the Civil Judge, Senior Division and Ex-Officio Commissioner for the Workmen Compensation, Amreli, in Workmen Application No.18 of 1987, whereby the Commissioner has awarded compensation in the sum of Rs.1,08,455/- to the claimant with interest at the rate of 6% per annum from the date of filing of the petition till realization. The appellant further directed to pay 50% penalty on the amount of compensation.

(2.) THE brief facts leading to filing of this appeal are that one Pasanbhai Lakhubhai Charan, present respondent No.1, was serving as Pressman in Ampire Steel Manufacturing Company, present respondent No.2. On 04.10.1985 at about 10.00 a.m., while Pasanbhai Lakhubhai Charan doing his work on Machine, four fingers and thumb of the right hand of Pasanbhai Lakhubhai Charan were crushed in the Machine, therefore, Pasanbhai Lakhubhai Charan filed claim petition being Workmen Compensation Case No. 18 of 1987, before the Civil Judge,Senior Division and Ex-Officio Commissioner for the Workmen compensation, Amreli for compensation. 2.1. THE Commissioner after hearing learned advocates for both the parties and after perusing the record, decided the claim petition and passed the award as stated hereinabove, against which the present appeal is filed by the appellant-Insurance Company.

(3.) IN that view of the matter, the present appeal stands allowed. If the amount is lying in the authority, the same shall be returned to the Appellant-INsurance Company and in case the amount is withdrawn by the claimant, the Appellant-INsurance Company cannot recover the same from the claimant. However, it will be open for the appellant-INsurance Company to recover the amount from the respondent No.2-Company.