NEW INDIA ASSURANCE CO LTD Vs. MANJUBEN LAKHUBHAI

JUDGEMENT

(1.) PRESENT appeal under sec. 30 of the Workmen's Compensation Act, 1923 ("the Act" for short) is filed by the appellant original opponent No. 2 New India Assurance Co. Ltd. challenging the Judgement and Award dtd. 9/2/2001 passed by the learned Commissioner under Act, Labour Court, Jamnagar in Workmen's Compensation Case (Fatal) No. 34 of 1996, in so far as directing the appellant Insurance Company to pay 50% penalty i. e. Rs. 1,00,830=00, to the original claimants.

(2.) AS the controversy raised in the present appeal is in narrow compass, this Court is not narrating the facts in detail.

(3.) MR. NANAVATI, learned advocate appearing on behalf of the appellant has vehemently submitted that the learned Commissioner has materially erred in directing the appellant - Insurance Company to pay penalty. It is submitted that as held by the Hon'ble Supreme Court in the case of Ved Prakash Garg Vs. Premi Devi and others, reported in AIR 1997 S. C. 3854, Insurance Company cannot be held liable to pay penalty as provided under sec. 4-A (3) (b) of the Act. He has submitted that the learned Commissioner and trial court has committed an error in directing the appellant Insurance Company to pay penalty. No other submissions have been made by the learned advocate appearing on behalf of the appellant.