BHURI DEVI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Arun Kumar Singh-I, the learned counsel for the petitioner and Sri Jagdev Singh, the learned counsel for the employer. No one appears for the Insurance Company.

(2.) The deceased Jai Prakash was a driver of the respondent No.3 and, in the course of his employment, met with a road accident and died on the spot on 22.1.2007. The heirs, namely, the petitioners, filed a claim application under the provisions of the Workman's Compensation Act. 1923. An exparte award dated 15.12.2007 was passed awarding compensation along with interest and penalty. Pursuant to the said award, the Insurance Company deposited the principal amount on 3.1.2008, but, did not deposit the interest or the penalty.

(3.) On 15.5.2008 the employer filed an application for the recall of the exparte award. After due consideration and after hearing all the parties concerned, the Commissioner Workmen Compensation allowed the application and recalled the exparte award. Subsequently, the employer moved an application praying that he is willing to pay the amount awarded by the Commissioner towards compensation provided the penalty and interest was waived. This application was opposed by the petitioners. The Commissioner, after considering the matter, allowed the application and waived the interest and penalty. The petitioner, being aggrieved, has filed the present writ petition.