NEW INDIA INSURANCE CO LTD Vs. KAILASHBAI

JUDGEMENT

(1.) N .K. MODY, J. - Being aggrieved by the order dated 31.5.2011 passed by Commissioner for Workmen's Compensation, Labour Court, Indore in WCF case No. 15 WCF/2009 whereby the claim petition filed by respondent Nos. 1 to 6 was allowed and compensation of Rs. 3,49,184/ - was awarded along with penalty @ 15%, the present appeal has been filed.

(2.) SHORT facts of the case are that claim petition was filed alleging that Kanhaiyalal was in the employment of respondent Nos. 7 to 9, who died on 13.6.2009 during course of employment. It was alleged that compensation be awarded and prayed that respondent Nos. 7 to 9 be directed to pay the compensation to the tune of Rs. 4 Lacs. The claim petition was filed on 13.7.2009, During pendency of claim petition, on 17.8.2009 respondent Nos. 7 to 9 deposited a sum of Rs. 3,49,184/ - which was disbursed to respondent Nos. 1 to 6 on 23.12.2009. After framing of issues and recording of evidence, learned Court below found that respondent Nos. 1 to 6 arc entitled for a sum of Rs. 3,49,184/ - which had already been deposited, but since the amount was deposited with a delay of 34 days, therefore as per provisions of 4 -A(3)(b) of Workmen's Compensation Act, appellant and respondent Nos. 7 to 9 are liable for compensation.

(3.) LEARNED Counsel for respondent Nos. 1 to 6 submits that since the amount was not deposited in time, therefore learned Court below committed no error in holding the appellant liable for compensation. Learned Counsel submits that intact penalty ought to have been 50% which has been illegally reduced to 15%. It is submitted that appeal be dismissed and amount of penalty be enhanced.