DISTRICT DEVELOPMENT OFFICER Vs. NABUBEN PUNABHAI CHAUVATIA

JUDGEMENT

(1.) BY way of this appeal, the present appellants have challenged the judgement and order dated 05.02.2007, passed by the Ex-Officio, Commissioner under Workmens Compensation Act and Judge of the Labour Court at Amreli, in Workman Compensation Fatal Case No.1 of 2002, whereby the Commissioner has awarded compensation in the sum of Rs. of Rs. 70,446/- to the claimants along with penalty amounting to Rs. 35,223/- as well as interest at the rate of 6% per annum. The appellants have also challenge the judgment and order dated 28.12.2007 passed by the said Court in Workmen Compensation Fatal Misc. Application No. 12 of 2007.

(2.) THE brief facts leading to filing of this appeal are that the husband of respondent No.1/1 was employed by the Deputy Executive Engineer, Minor Irrigation Sub Division of Amreli, District Panchayat on scarcity relief works as a labourer and due to some conflicts with another labourer namely Mr. Gobarbhai Jivabhai at site on 09.03.2010, the husband of the respondent No.1/1 sustained grievious injuries and ultimately he succumbed to the injuries. THErefore, the legal heirs of deceased filed W.C. (F) Application No.1 of 2002 before the Workmen Compensation Commissioner. 2.1. THE learned Commissioner after hearing learned advocate for both the parties and after recording the evidence decided the application and passed the award as stated hereinabove against which the present appeal is preferred by appellants.

(3.) I have heard learned counsels appearing for the respective parties and perused the record as well as the judgement and order of the Commissioner, I am of the opinion that Commissioner has rightly granted benefit to the respondents. However, though the lawyer was engaged by the appellants and in spite of the fact that though the instructions were given to the lawyer to file reply, he has not filed reply. Therefore, the penalty is required to be reduced. The compensation in the sum of Rs. 70,446/-along with interest at the rate of 6% will be paid to the original claimants. However, the penalty of Rs. 35,223/- along with interest will be refunded back to the appellants.