NATIONAL INSURANCE COMPANY LTD. Vs. ADITYA KUMAR

JUDGEMENT

(1.) F .A.F.O. No. 156 of 1996 has been filed by the National Insurance Company Ltd. against judgment and order dated 25.5.1996 of the Workmen's Compensation Commissioner/District Magistrate, Kheri in Case No. 5/96/15/14 under Section 22 of the Workmen's Compensation Act and F.A.F.O. No. 157 of 1996 has been filed against judgment and order dated 25.5.1996 of Workmen's Compensation Commissioner/District Magistrate, Lakhimpur Kheri in Case No. 6/98/16/15 under Section 22 of the Workmen's Compensation Act. Since the legal point involved in both these appeals is a common point of law, I have heard both these appeals together and now I am deciding both of them by a common judgment.

(2.) THE facts relevant for disposal of these appeals are that Man Bahadur nephew of Dhan Bahadur, respondent No. 2 in F.A.F.O. No. 156 of 1996 and Bachchu Singh husband of Smt. Omwati respondent No. 2 in F.A.F.O. No. 157 of 1996 were employed In a sugar factory situated at village Gaddiyana district Lakhimpur Kheri run by Aditya Kumar (respondent No. 1 in both the appeals). The factory was insured with the National Insurance Company, appellant in both these appeals. On 22.3.1990, during employment of the aforesaid two persons, a wall of the factory fell down due to heavy cyclone, and consequently Man Bahadur and Bachchu Singh died having been crushed below the wall. Hence, Dhan Bahadur filed Case No. 5/96/15/14 for recovery of compensation under the Workmen's Compensation Act and Smt. Omwati filed Case No. 6/98/ 16/15 under the same Act. The Workmen's Compensation Commissioner after hearing the parties awarded a sum of Rs. 34,705.60p. as compensation in the case filed by Dhan Bahadur and also allowed 25% penalty on this amount which came to Rs. 8,676.40p. It also granted interest on the amount of compensation from 22.3.1990 to 30.4.1996 at the rate of 6% per annum and also awarded Rs. 2,000 as costs; in all Rs. 55,874 and the National Insurance Company was ordered to pay this amount within a month from 25.5.1996, failing which the amount was to be recovered as arrears of land revenue.

(3.) AGGRIEVED with these orders, the National Insurance Company has filed these two appeals.