JITENDRAKUMAR CHHAGANBHAI PATEL Vs. RUPSINGBHAI MULUBHAI KHEDIA BHAVNAGAR

JUDGEMENT

(1.) By this civil application, prayer has been made by the applicant-appellant for condonation of delay of 176 days caused in filing of the appeal against the award dated 30.6.1997 made in Fatal Case No. 20/92 by the Commissioner under the Workmen's Compensation Act, at Valsad. Under this award, the Commissioner under the Workmen's Compensation Act, at Valsad awarded Rs. 86764/as compensation together with the interest thereon to the claimant. In addition to this amount, he further awarded to the claimant 50% of the said amount as penalty. The applicant-appellant in the appeal, has challenged that part of the award whereunder 50% amount of compensation was ordered to be paid as penalty by him to the claimant.

(2.) This appeal is filed under Sec. 30 of the Workmen's Compensation Act, 1923. Sec. 30 provides that the appeal before this Court against the award of the Commissioner under Workmen's Compensation Act does lie only where any substantial question of law arises therein. For the purpose of considering this civil application for condonation of delay, I consider it to be appropriate to consider the merits of the appeal also.

(3.) Learned counsel for the applicant-appellant contended that the Commissioner under Workman's Compensation Act has committed serious error in awarding 50% of amount of compensation as penalty to the claimant. Carrying this contention further it is urged that before any order imposing penalty is passed for non deposit of the amount of compensation in time, notice has to be given to the opponent-applicant-appellant and as that notice has not been given the award to the extent it relates to penalty deserves to be quashed and set aside by this Court.