GURDIP KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE widow of the deceased conductor is in appeal praying for enhancement of compensation awarded by the Senior Sub Judge, Ferozepur exercising powers of Commissioner under the Workman's Compensation Act, 1923 (presently called Employees' Compensation Act, 1923)(for short "the Act") dated 12th January, 1988. The Commissioner has awarded a sum of Rs.74,852.80 as compensation worked out under S.4 of the Act. The deceased conductor was in receipt of wages of Rs.900/ - per month at the time of death. Under the then existing law an amount equal to 40% of the monthly wages of the deceased workman multiplied by the relevant factor was provided in Schedule IV of the Act as compensation for injury sustained in the course of employment.

(2.) MR . Chopra submits that the Punjab Roadways did not admit liability nor deposited the amount of compensation which necessitated the litigation. On this premise, he would submit that the appellants would be entitled to penalty as well calculated @50% of the amount i.e. Rs.37,426/ - as falling due and payable. He submits that there has been a failure on the part of the Commissioner from exercising jurisdiction vested in him to consider the question of imposition of penalty. In the absence of the Commissioner going into this question, I do not think that the ends of the justice would be met if the matter is now remanded to the Commissioner to consider this aspect after twenty seven years of the death. Therefore, I deem it fit to exercise that power in appeal and hold that the appellants would be entitled to 50% of the compensation awarded which would work out to Rs.37,426/ -.

(3.) MS . Sidhu, appearing for the Roadways and the State of Punjab submits that if the Commissioner Workman's Compensation, Ferozepur has chosen not to exercise jurisdiction to impose penalty none should be exercised by this Court. She further submits that the State has paid compensation in terms of the Act and no further amount would be legally due and payable to the widow.