UNITED INDIA INSURANCE CO LTD Vs. MOHD ISHAQ

JUDGEMENT

(1.) Heard learned counsel for both the parties.

(2.) Thereafter opposite parties Nos. 1 to 3 petitioners in the second writ petition and owners of the truck filed review petition. The review petition was allowed by the Workmen Compensation Commissioner through order dated 29.5.2004 and it was directed that the awarded amount of Rs. 3.44 lacs and odd should be paid by the Insurance Company. It was further directed that the owners should pay penalty at the rate of Rs. 35,000/- per year for three years (total Rs. 1.05 lacs).

(3.) These writ petitions have been filed challenging the orders passed on the review petition. The argument of learned counsel for the Insurance Company-petitioner in the first writ petition is that Workmen Compensation Commissioner has got no power to review and the argument of learned counsel for the petitioners in the second writ petition is that review petition had been filed by them hence they could not be saddled with the liability to pay penalty as the claimants had not filed any review.