NATIONAL INSURANCE COMPANY Vs. DUAL DEBNATH

JUDGEMENT

(1.) THIS is an appeal preferred by the insurer against the award, dated 29.9.1997 passed in T.S.(W/C) No. 31 of 1994, by the learned Commissioner, Workmen's Compensation, West Tripura, Agartala, whereby the learned Commissioner has awarded as compensation, in favour of the respondent-claimant a sum of Rs. 1,05,895 along with interest @ Rs. 6% interest per annum from the date of the accident, i.e., 23.4.1990 till payment and a further sum of Rs. 52,948 as penalty with a direction to the appellant as insurer to pay the said compensation amount within a period of one month and, in default, to pay the enhanced rate of interest @ Rs. 12% per annum on the amount of compensation from the date of accident.

(2.) WE have heard Mr. B. Bhattacharjee, learned counsel for the appellant-insurance company. Also heard Mr. S. Deb, learned senior counsel assisted by Mr. S. Chowdhury, learned advocate for the claimant-respondent, and Mr. S. N. Banerjee, learned counsel for the owner-respondent.

(3.) WE may also note that in the light of the decision given in Ved Prakash Garg v. Premi Devi, , the insurer-appellant could not have been saddled with any amount of money as penalty and the penalty, if any, could have been imposed on the owner of the truck in which the workman, according to the evidence on record, was working as an assistant.