(1.) The First Appeal, filed by the employer, assail the judgment and order dtd. 19/06/2008 passed by the Commissioner for Workmen s Compensation at Kolhapur in Application WC No. 5/C-3/2005. Under the impugned judgment, Kamal Dev Prasad (hereinafter referred to as, the employee ) is held entitled for compensation of Rs.3,20,555.00+ 12% interest from 06/11/2004, till its realization. He is also entitled for penalty of Rs.1,60,178.00.
(2.) The Appeal came to be admitted on 11/11/2008 on the following substantial question of law:-
(3.) The appellant is represented by the learned counsel Mr. M.S. Topkar whereas the respondent employee is represented by the learned counsel Mr. C.M. Kothari alongwith Mr. Rahul Patil. On perusal of the record and proceedings, I have heard the respective counsel on the substantial question of law.