AJAY STRUCTURE ENGINEERING WORKS, B.K.BUILDERS Vs. KOKILABEN POONAMBHAI HARIJAN WD/O POONAMBHAI HIRABHAI

JUDGEMENT

(1.) Present appellant, who is the original opponent No. 2 in Workmen Compensation Application No. 8 of 1999 for compensation under the Workmen's Compensation Act (hereinafter referred to as "the Act" for brevity) has challenged the judgment and award dated 07.07.2005 passed by the learned Workmen Compensation Commissioner directing the appellant herein - opponent No. 2 and the original opponent No. 3 - the Oriental Insurance Company to pay a sum of Rs.1,97,955/-to the applicant within 30 days from the date of receipt of the order. The present appellant was also directed to pay the interest @ 12% per annum from the date of death of the employee and also to deposit 50% of the awarded amount i.e. 98,978/-towards penalty with the Government, within 30 days of the receipt of the order together with costs of application of Rs.1,000/-.

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

(3.) Heard, learned counsel Ms. Nidhi K. Trivedi for Mr. Dipak R. Dave, learned counsel for the appellant - original opponent No. 2 and learned Assistant Government Pleader for the respondent No. 2 and Mr. Vasant Shah for the respondent No. 3 - insurance company.