NEW INDIA ASSURANCE CO. LTD. Vs. SHANTILAL BABUBHAI

JUDGEMENT

(1.) Heard learned advocate Mr. Yogi K.Gadhia for Shri K.V. Gadhia for the appellant, learned advocate Mr. N.D. Songara for the respondent No.1, learned advocate Mr. B.K. Raj for respondent No.3 and learned advocate Mr. Nisarg Desai appearing for Nanavati Associates for respondent No.2. Perused the record.

(2.) The appellant herein is insurer of respondent No.3 - Mahavir Engineering Works, a Labour Contractor so far as workmen employed by it for the work to be carried out as per their work contract. Opponent No.1 is original claimant and employee of respondent No.3. Since respondent No.1 has received injuries during the course of his employment on 10.7.2001, he has preferred Workman Compensation Non-fatal Application No.17 of 2002 before the Commissioner under the Workmen's Compensation Act at Vadodara. After hearing all the litigants and after allowing them to adduce evidence, relying upon the available evidence on record and the applicable law, the Commissioner has by impugned award dated 27.6.2013 awarded an amount of Rs. 30,559/- with 12% interest to be paid by original opponents to the employee - victim with Rs. 1,001/- towards cost of such litigation and Rs. 7639.75 towards penalty. The Commissioner has fixed the liability of all the opponents jointly and severally being principal employer and Insurance Company.

(3.) Therefore, being aggrieved by the impugned award so far as liability of penalty and interest is concerned so also quantum of compensation awarded to the claimant, the appellant - Insurance Company has preferred this appeal. However, except the issue regarding quantum as aforesaid, there is no dispute regarding actual employment of the claimant with his employer, incident and its result etc., and more particularly, when amount of compensation is only Rs. 30,559/-, I do not see any reason to interfere with in the appeal on any other ground.