UNITED INDIA INSURANCE CO LTD Vs. LAVKUSH PRASAD

JUDGEMENT

(1.) THIS appeal preferred under section 30 of the workmen's Compensation Act, 1923 was admitted on 4. 3. 98 without formulation of substantial question of law. It has been heard today finally on the following substantial questions of law.

(2.) SHORT facts involved herein are that the respondent no. 1 was in the employment of respondents no. 2 and 3. During the course and arising out of employment, respondent no. 1 met with an accident resulting into non-fatal injuries and disability to the extent of 35%. He filed application under section 10 of the act for seeking compensation before the Commissioner for Workmen's Compensation, labour Court Satna. Notices were served by the Commissioner on the appellant and respondents no. 2 and 3. Claim petition was opposed, however, learned Commissioner after framing issues and recording evidence reached to the finding that the respondent no. 1 sustained injuries during the course of employment. Accordingly, respondents including appellant were directed to pay amount of compensation to the tune of rs. 53371/- and interest at the rate of 12% per annum and penalty at the rate of 25% of the amount of compensation within a period of two months.

(3.) AGGRIEVED by the same the present appeal has been preferred on the ground that the Commissioner for Workmen's Compensation has no power or jurisdiction to award penalty and interest against the Insurance Company under subsection (3) of section 4 (a) of the Act.