RANNO DEVI Vs. SURENDRA KUMAR

JUDGEMENT

(1.) This appeal is filed by the claimant under section 30 of the Workmen's Compensation Act, 1923 (for short 'the Act') challenging the award dated 29.3.1999 passed by the Commissioner for Workmen's Compensation, Circle 2, Gwalior in Case No. 33 of 1992 W.C.A. (Fatal).

(2.) Brief facts of the case are that one Ashwani Kumar who was working as a labourer with the respondent No. 1 and working in truck No. MKH 7869 died on 16.4.1991 in an accident occurred during the course of employment. The appellant-claimant is mother of deceased. She filed an application for compensation before the Commissioner, Workmen's Compensation. The Commissioner by the impugned award has awarded an amount of Rs. 90,640 as compensation plus penalty of 50 per cent of the amount for delayed payment under section 4-A (3) of the Act and interest at the rate of 6 per cent per annum. The learned Commissioner directed the insurance company, respondent No. 2 herein, to pay the amount of compensation only and in respect of amount of penalty and interest, learned Commissioner directed the owner of the vehicle, respondent No. 1, to pay the amount of penalty amounting to Rs. 45,000 and interest on Rs. 90,640 at the rate of 6 per cent per annum from the date of accident till its realisation and exonerated the insurance company from paying the said amount of penalty and interest. Appellant is partly aggrieved by the impugned award, by which insurance company, respondent No. 2, was exonerated from payment of penalty and interest.

(3.) Learned counsel for the appellant contended that under section 4-A of the Act the amount has to be deposited within 30 days from the date of accident and in case amount has not been deposited then under section 4-A (3) of the Act the respondents are liable to pay penalty of 50 per cent of the amount along with interest at the rate of 6 per cent per annum. Section 4-A (3) reads as under: