NATIONAL INSURANCE CO LTD Vs. KUNI PANIGRAHI

JUDGEMENT

(1.) THIS appeal has been filed by the appellant against the judgment and order dated 15th march, 2001 as well as 19th October, 2001 passed by the learned Single Judge to the limited extent that the issue of imposition of penalty under the provisions of Workmen's compensation Act, 1923 (hereinafter called 'the Act') has not been dealt with. So far as the otherwise are concerned, Mr. N. K. Mishra, learned Seniorcounsel forthe appellants has no grievance.

(2.) THE facts and circumstances giving rise to the case are that a claim petition was filed by the respondents before the commissioner under the Act contending that one Rajkishorepanigrahi,thedriver of the bus bearing Registration No. OSG-6677 met with an accident during the course of his employment and received serious injuries as a result of which he died in the hospital on 7th April, 1993. The Commissioner made an award vide order dated 25th April, 1995 granting compensation to the tune of Rs. 73,6687-against the appellant with the following direction:

(3.) BEING aggrieved, the appellant filed appeal under Section 30 of the Act which was dismissed by the learned Single Judge vide judgment and order dated 15th March, 2001. The appellant filed an application i. e. Misc. Case No. 1091 of 2001 contending that the issue of competence of the Commissioner for imposing the penalty at the time of making award was challenged but it has not been dealt with by the Court. The said application has also been rejected vide order dated 19th October. 2001 without making any reference of the issue as competence of the Commissioner in this regard. Hence this appeal.