GANNON DUNKERLY AND COMPANY Vs. ALEYAMMA VARGHESE

JUDGEMENT

(1.) I have heard Shri Gokhale learned Counsel for the applicant and Shri Pilley learned Counsel for the respondents.

(2.) QUESTION relates to penalty. A workman of the appellant died on the site at Koradi. The Commissioner under the Workmen's Compensation Act at Nagpur fixed the liability at Rs. 19,200/- as compensation and directed the appellant to pay the same with Rs. 9,600 as penalty within a month of passing of the impugned order. The amount of Rs. 19,200/- was also directed to carry simple interest at the rate of 6 per cent per annum from the month of April, 1978.

(3.) HAVING regard to the entire facts and circumstances of the case and also the fact that since the year 1980 an unfortunate woman who lost the son while on work in the employment of the appellant company has been deprived of the due compensation with penalty, (the appeal was also delayed inordinately) interest of justice would be well served if the amount is directed to be paid to the mother without any further delay. As it is the conduct of the appellant shows that the penalty has been imposed on the appellant with due consideration and having due regard to the provisions of the law by the Commissioner.