NATIONAL INSURANCE CO LTD Vs. RAM NIWAS SHARMA

JUDGEMENT

(1.) The respondent workman was working as a driver with Ram Niwas Sharma. He had received multiple injuries including fracture of ribs and limbs. He submitted an application for the award of compensation to the Commissioner under the Workmen's Compensation Act, 1923, Karnal, Vide order dated 16.8.1995 the Commissioner assessed and awarded the compensation as under: Expenses on treatment Compensation at 40 per cent disability as given Rs. 1.000 x 50/100 x 209.92 x 40/100 Penalty 25 per cent of compensation Interest at the rate of 6 per cent simple per annum from the date of application, i.e., 7.11.1990 till today, i.e., 16.8.1995 Total as on 16.8.1995 (Rs. Eighty thousand two hundred and fifty-four only) Rs. 15,746 Rs.41,984 Rs. 10,496 Rs. 12,028 Rs. 80,254

(2.) Aggrieved by the above award the insurer has filed the present appeal.

(3.) The solitary contention raised by Mr. Suri, learned counsel for the appellant, is that the Commissioner has erred in awarding the compensation against the insurer. The liability to pay penalty is that of the employer.