GUJARAT STATE ROAD TRANSPORT CORPORATION Vs. MINOR JHAJAMBEN D/O JESINGHBHAI SURSINGHBHAI THROUGH PRATABH

JUDGEMENT

(1.) Oral - The appellant has preferred the present appeal under Section <a style="color: #3300FF; text-decoration: none" class="section-text" onmouseover="getSectionText(this);" href="ACA1092">30 of the Workmen Compensation Act, 1923 (for short, 'the W.C. Act') to challenge the order dated 20.7.2010 passed by the learned Commissioner for Workmen Compensation, Godhra in Workmen Compensation Application No.8 of 1996 whereby the respondents, who are the legal heirs of deceased, Jesingbhai Sursingbhai Nayak, was driver of the appellant-Corporation who died in vehicular accident on 13.9.1994 during the course of his employment. The respondents preferred the Compensation Application No.8 of 1996 before the Commissioner for Workmen Compensation, who by the impugned order partly allowed the application and directed the appellant to pay the total compensation of Rs.78,824/- with 6% interest and also to pay 50% of Rs.78,824/- i.e. Rs.39,412/- as penalty. The appellant is not happy with the impugned order and therefore, the present appeal is preferred.

(2.) I have heard learned advocate, Mr. Kirit R. Patel for Mr. H.S. Munshaw, learned advocate for the appellant and Mr. M.A. Kharadi, learned advocate for the respondents.

(3.) Mr. Patel, learned advocate for the appellant vehemently submits that the Commissioner has fallen in error in taking the age of the deceased at 35 years without there being any cogent evidence. He further submits that the Commissioner ought not to have imposed the penalty of 50% on the awarded compensation. He, therefore, urges that the age of the deceased workman may be taken at 42 years in view of the evidence and the penalty may be quashed by allowing present appeal.