RAMALU BALKRISHNA SAGAR Vs. RAMBHAU TUKARAM SHENDRE

JUDGEMENT

(1.) This appeal by owner of a truck takes exception to the order passed by learned Commissioner for Workmen's compensation directing the appellant, among other things, to pay penalty to the extent of 25% of compensation awarded to the parents of appellant's deceased employee/driver.

(2.) The appellant owned vehicle no. MH-31/w-4943. On 01-06-2001 in an accident driver Subhash died. Subhash was son of respondent Nos. 1 and 2, claimants before the commissioner. The appellant did not deposit any amount towards compensation with the commissioner nor did he pay any amount to the parents of the deceased employee. The appellant, however, informed respondent No. 3 insurance Company of the accident on 07-06-2001, since the truck was insured with respondent No. 3. On 09-08-2001 respondent nos. 1 and 2 filed claim before the commissioner for Workmen's Compensation. In para 6 of their claim petition they also claimed penalty to the extent of 50% of compensation claimed, since compensation was not deposited within a month of its becoming due.

(3.) Though duly served, the appellant did not file any written statement/reply. Respondent No. 3 Insurance Company denied its liability to pay compensation as well as interest and penalty. On these pleadings the learned Commissioner framed, among others, a specific issue of entitlement of the claimants to penalty. The claimants tendered evidence in support of their claim. The witnesses of the claimants were not cross-examined by the appellant. The hearing proceeded exparte-appellant before the Commissioner for workmen's Compensation.