ORIENTAL INSURANCE CO LTD Vs. SUNDERBAI

JUDGEMENT

(1.) THIS appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') has been preferred against the Judgment and Order dated October. 6, 1988 of Commissioner For Workmen's Compensation, Labour Court, Ratlam passed in case No. 25/87 whereby Respondent No. 1 and her husband Mohan Singh (since deceased) has been awarded a compensation of Rs. 83,968/and penalty of Rs. 40,000/- for the death of Bansilal who died during the course of employment as second driver of Dashrath Kothanrespondent No. 2.

(2.) UNDISPUTED facts of the case are that Bansilal was working as second driver in a motor truck bearing registration No. MBU 6626 owned by Dashrath Kothari respondent No. 2. There was motor accident on August 15, 1985 and Bansilal died as a result thereof. Notice for claim was sent to the owner and Insurance Co, on October 19, 1985. The claim was preferred on November 20, 1985. Service was effected on owner and Insurance Co. on April 16, 1987. They filed written statements on April 12, 1988. The Commissioner pronounced judgment on October 6, 1988 and awarded compensation of Rs. 83,968/- with interest at the rate of 6% P. A. from the date of award and further awarded Rs. 40,000/- as penalty as per provisions of Section 4-A of the Act , as the owner and Insurance Company failed to deposit the amount, hence; this appeal.

(3.) CONTENTION of learned counsel for the appellant is that penalty has wrongly been imposed. Second contention of the learned counsel is that the delay was caused by the owner and, therefore the Insurance Co. could not be saddled with liability of payment of penalty. Learned counsel has also disputed about quantum of wages payable to deceased Bansilal.