H.S.E.B. Vs. NIRMALA KUMARI

JUDGEMENT

(1.) Instant appeal has been filed for setting aside the order dated 15.09.1988 passed by the Commissioner under Workmen's Compensation Act, 1923 (in short "the WC Act") whereby the appellant has been directed to pay compensation of Rs. 99,380-88 to the respondents herein and also imposed 30% penalty on the principle amount and interest @ 6% per annum on the amount of compensation from 1.8.1986 till its realization. Shorn of unnecessary details, the facts relevant for disposal of the present appeal are to the effect that Nirmala Kumari widow and minor sons of deceased-Amarnath Sehgal filed an application before the Commissioner under the WC Act. Mr. Amarnath Sehgal (since deceased) was an employee of Haryana State Electricity Board, Chandigarh. He died on 23.06.1986 in an accident during the course of his employment. At the time of accident, he was 50 years old and drawing the salary of Rs. 1400/- per month. The Commissioner sent notice to the appellant herein. The appellant appeared and filed reply denying the compensation. Rejoinder to the reply was also filed by the respondents herein. On the pleading of parties, the Commissioner framed the issues which read as under:

(2.) I have heard learned counsel for the parties and perused the record.

(3.) Learned counsel for the appellant has contended that the accident occurred on 23.06.1986, ex gratia amount worth Rs. 1,000/- was given on 24.06.1986 and advance compensation to the tune of Rs. 5,000/- was deposited on 25.06.1986, as such there is no delay in the deposit/payment of compensation. The learned counsel has further contended that interest and penalty cannot be ordered from date of accident/death. A notice under Sections 10/10-A(1) of the W.C. Act is required to be given before imposing penalty. The learned counsel has further contended that Section 19 of the W.C. Act has the effect of sustaining such act of the employer to pay compensation till adjudication.