BABU LAL Vs. JASSU ALIAS YASHWANT SINGH

JUDGEMENT

(1.) BABULAL was working as a labourer in truck bearing No MPH 7175 This truck met with an accident on July 5. 1987. In (his accident the appellant lost his right hand. The Commissioner under the Workmen's Compensation Act. 1923 (hereinafter referred to as 'the Act"), came to the conclusion that the appellant had suffered disability to the extent of 80 per cent, for this, he relied on the Table provided in the Act and fixed compensation at Rs. 14,332/ -.

(2.) THE learned counsel for the petitioner has argued that this is a case where the disability is 100 per cent and, therefore, the quantum of compensation should be increased. I am of the view that this argument of the learned counsel cannot be accepted. 5 The disability has been clearly indicated in the Schedule and this disability statutorily laid down has been taken note of. Thus, no exception can be taken with regard to the quantum of compensation.

(3.) THE further argument of the learned counsel for the appellant is that this was a case where penalty to the extent of 50 per cent should have been allowed. According to the learned counsel, there was failure on the part of the employer to pay the compensation 15 and provisions of Section 4-A of the Act are attracted, it has been further argued mat as there was failure on the part of the employer, vicarious liability of the insurance company would be there. For this delayed payment, penalty is being claimed. According to the 20 learned counsel appearing for the insurance company, the insurance company cannot be fastened with the liability of penalty. This matter was considered by this court in Shanti v. New India Assurance Company Limited M. A. No. 265 of 1991; decided on March 31, 1994. It was observed.