MANAGEMENT OF MAHALAKSHMI BUILDERS Vs. A GOVINDASWAMY

JUDGEMENT

(1.) The Management of M/s Mahalakshmi Builders, Mylapore, Madras.4, aggrieved by the order of the Commissioner for Workmen's Compensation-I, Madras.6 dated 25.4.1995 made in W.C.No.204/1994 has filed the above appeal, mainly questioning the grant of penalty of 50% of the compensation due to the applicant-respondent herein under Section 30 of the Workmen's Compensation Act, 1923.

(2.) Heard both sides.

(3.) Even at the outset the learned counsel for the appellant/ Management fairly states that they are not questioning the quantum of compensation (Rs.28,536/- arrived by the Tribunal). In other words, according to the appellant, the challenge in this appeal relates to the direction for payment of penalty to the extent of 50% of compensation. In the light of the limited issue, there is no need to refer to the factual matrix as discussed by the Commissioner of Workmen's Compensation. However, it is relevant to refer that after determining the compensation of Rs.28,536/-, the Commissioner has concluded that " though the respondent was aware of the accident and injury sustained by his worker (evidence of AW2) while on duty in accordance with the provisions of Section 4A of the Workmen's Compensation Act, instead of depositing the compensation due to the applicant, deliberately tried to suppress the facts. In the circumstances in consonance with the powers vested under Section 4A(3), I order the respondent to pay a sum of equal to 50% of the compensation due to the applicant as penalty".