B SEENAIAH AND COMPANY Vs. HARJAN

JUDGEMENT

(1.) This appeal arises out of the order dated 26.05.2001 passed by the Commissioner for Workmen's Compensation and Deputy Commissioner of Labour, Hyderabad (twin cities) in W.C.No.12 of 1998.

(2.) Mr. Harjan, first respondent filed a claim application before the Commissioner for Workmen's Compensation, Hyderabad (twin cities) seeking compensation in respect of the permanent disability sustained by him due to the crush injury to right leg suffered on 29.12.1992 while working on a truck bearing No. PBO-8C-9672 belonging to the second respondent, insured under a valid W.C policy with the third respondent-insurance company.

(3.) After making an enquiry into the claim application filed by the applicant, the learned Commissioner allowed the claim application and awarded compensation of Rs.86,764/- holding that the respondents 2 and 3 are jointly and severally liable to pay the same and directed the respondents 2 and 3 to deposit the compensation amount within 30 days from the date of the order. The third respondent deposited the award amount together with interest at 6% per annum on 24.08.2001 towards full and final settlement of the claim which fact is not in dispute. However, the first respondent filed an application before the learned Commissioner under Section 4-A of the Workmen's Compensation Act, 1923 seeking a direction charging simple interest at the rate of 6% on the compensation amount and to impose penalty of 50% on the compensation amount on the ground that the compensation amount was not deposited by the respondents within 30 days from the date of order as directed by the Commissioner on 30.10.2001.