PRADEEP JOSHI Vs. WORKMEN COMPENSATION COMMISSIONER

JUDGEMENT

(1.) THIS first appeal from order under Section 30 of the Workmen's Compen sation Act has been filed by the appellant/employer- Sri Pradeep Joshi against the order dated 20-12-2002 passed by Workmen Compensation Commissioner and Assistant Labour Commissioner, Haldwani, District Nainital in Suit No. 65 of 2001, Smt. Murti Devi Vs Sri Pradeep Joshi & another.

(2.) BRIEF facts of the case are that the opposite party No. 2 - Smt. Murti Devi filed a suit for compensation against the employer/ appellant on the ground that the deceased was the driver of Truck No. UTU 9812, owned by ap pellant- Sri Pradeep Joshi and during discharge of his duty on 2-5-1992 he met with an accident, due to which he succumbed to injuries on 4-5-1992. At the time of death, the deceased was 45 years of age and was earning an amount of Rs. 2,000/- per month. The claimant has thus claimed for a compensation of Rs. 5,00,000/-along with interest @ 18% per annum.

(3.) THE Workmen Compensation Commissioner after having perused the entire material on record and hearing the parties directed the appellant-Sri Pradeep Joshi to pay a sum of Rs.-65,2287-as compensation-and interest of Rs. 41,0937-@ 6% In addition to this, the Workmen Compensation Com missioner also imposed penalty upon the appellant to the tune of Rs. 32,6147-, the 50% of the compensation amount of Rs. 65,228/- and he was directed to pay the amount of penalty within a period of one month from the date of judgment, fail ing which recovery proceedings shall be initiated against him.