KASAMBHAI UMARBHAI SIPAIR Vs. BACHUBHAI KALUBHAI SHEIKH

JUDGEMENT

(1.) The present appellant, who is the original applicant, has preferred this appeal under section 30 of the Workmen's Compensation Act, 1923 challenging the judgment and award dated 03.02.2005 passed by the learned Workmen Commissioner and Judge, Labour Court, Palanpur in W.C. Case No. 85 of 1996 (Old No. 24 of 1991), whereby, the learned Commissioner was pleased to partly allow the said claim application directing the respondents therein to jointly and severally pay Rs.51,170/-. The respondent No. 1 therein was directed to pay an amount of Rs.15,350/- towards penalty to the original applicant - appellant herein. Being dissatisfied with the said award, the original applicant has preferred this appeal.

(2.) Short facts of the case may be referred as under:

(3.) When this appeal was taken up for hearing by this Court, nobody appeared from the appellant side to argue the matter. From the other side, the learned advocate for the respondent No. 2 supported the impugned judgment and award passed by the trial Court submitting that no liability of penalty would be incurred by the respondent No. 2, as is rightly held by the trial Court. He further submitted that the policy of motor vehicle was issued by the respondent No. 2 and therefore, on account of any accident of a motor vehicle, the liability to pay the interest would not be more than 6% per annum. That, no amount in addition to the awarded amount by the learned Commissioner may be granted to the applicant. Eventually, it was requested by the learned advocate for the respondent No. 2 to pass necessary orders.