NATIONAL INSURANCE CO LTD Vs. CHARANJIT KAUR

JUDGEMENT

(1.) IMPUGNED in the present appeal is the order dated 22.03.1994 passage by the Commissioner under the Workmen's Compensation Act, 1923, Karnal, vide which while reviewing the earlier order dated 31.01.1994, the Insurance Company was ordered to pay the penalty of Rs. 43,056/ - (rupees forty three thousand fifty six only) under Section 4 -A(3) of the Workmen's Compensation Act, 1923 (in short 'the Act').

(2.) BRIEF background of the case is that one Balwinder Singh, employee of Baljit Singh (respondent before the Commissioner) died in a motor vehicular accident. The mother of the deceased filed a claim petition before the Commissioner under the Act on 20.01.1993, which was allowed on 31.01.1994.

(3.) IT comes out that during the initial proceedings that the Insurance Company tendered the insurance policy, which was marked as RW1 showing that it was operative from 07.02.1993 to 06.02.1994. The accident took place on 17.11.1992. As such, it was held that the Insurance Company is not liable to pay the compensation. It was further held that since Baljit Singh, Employer had misrepresented the case, therefore, 50% of the compensation along with interest was imposed as penalty.