DILIP KR SAHA Vs. RATNA DAS

JUDGEMENT

(1.) The judgment and award dated 5.8.1998 passed by learned Commissioner, Workmen's Compensation, West Tripura, Agartala in T.S.(W/C) 40 of 1996 imposing a penalty of Rs. 51,995/- on the owner of the offending vehicle have been called in question in the present first appeal.

(2.) The brief fact leading to the present proceeding originates from a motor accident in which one Subal Das, the husband of the claimant-respondent Smti Ratna Das died. The deceased was the driver of the vehicle TRL-2626 (Truck) owned by the second appellant herein. After his death in the accident on 27.7.1996, the proceeding before the learned Commissioner was initiated at the conclusion of which an amount of Rs. 2,07,980/- was awarded. The vehicle being insured with the Oriental Insurance Co. Ltd., the Commissioner directed the said insurance company to indemnify the owner. The learned Commissioner further directed that the said amount would carry interest @ 12% per annum from the date of accident. Thereafter, the learned Commissioner imposed a penalty of Rs. 51,995/- being 25% of the compensation awarded on the owner to be deposited with the State Government within two months from the date of judgment impugned herein. Aggrieved, the owner has preferred the present appeal.

(3.) I have heard Mr. A. K. Deb, learned counsel for the appellants and Mr. R Gautam, learned counsel for the respondents.