NATIONAL INSURANCE COMPANY LTD Vs. ALI SHER

JUDGEMENT

(1.) THIS appeal under Section 30 of the Workmen's Compensation Act, 1923 is directed against the judgment and award dated 17-9-1996 passed by the learned Workmen's Compensation Commis sioner/ Dy. Labour Commissioner, Kumaon Region, Haldwani (Nainital) (for short Commissioner,) in W. C. A. No. 26 of 1995, Ali Sher Vs. M/s Pal Stone Crusher and others, whereby compensa tion of Rs. 1,01,349/-, interest for three years @ 6"%, i. e. Rs. 20,776-54 and penalty of Rs. 15. 000/-, total Rs. 1,37,125-54, was awarded in favour of the workman-respondent against the ap pellant-Insurance Company,

(2.) RELEVANT facts of the case are that the claimant-respondent AH Sher filed a claim petition before the learned Commissioner alleging that on 23-3-1993 due to accidental injuries in the course of his employment under the M/ s Pal Stone crusher, he sustained inju ries with the result he became perma nently incapacitated. The workman al leged his age about 19 years and income Rs. 1. 000/- per month. Claim petition was preferred for compensation of Rs. 2,02,698/- against the employer and the insurance company. The employer filed its written statement and admitted the case of the claimant on material aspect. In the additional pleas, it was eon-tended that the workmen of the em ployer are insured with the insurance company and the information of the accident was given to the insurer, there fore, the Insurance Company is liable for the payment of compensation if any. However, it was contended that the claim petition is defective for non-join der of insurance company.

(3.) THE main controversy to be de termined in this appeal is whether the appellant could be held liable to pay the interest and the penalty to the claimant.