NATIONAL INSURANCE COMPANY LIMITED Vs. KARAN BAHADUR

JUDGEMENT

(1.) Instant appeal filed under Section 30 of the Workmen's Compensation Act, 1923, lays challenge to order dated 18.01.2005, passed by Commissioner under Workmen's Compensation Act, 1923 ( for short "Act" ) in case No.WCA-6/2002, whereby learned Court below while holding respondents/claimants No.1 and 2 entitled for compensation to the tune of Rs.4,22,585/- on account of death of late Sh. Vinod Kumar, who allegedly died on account of the injuries suffered by him at the construction site of respondent No.8, held appellant-insurance company liable to pay the aforesaid amount of compensation.

(2.) Precisely, the facts of the case as emerge from the record are that on 8.7.2002, late Sh. Vinod Kumar, who was engaged as labourer on the construction site by the contractor Furpa Lama, suffered injuries after being hit by a stone. On account of aforesaid injury, deceased Vinod Kumar died on the spot. Respondents/claimants No.1 and 2 being legal representatives of aforesaid deceased labourer filed a claim petition under Workmen's Compensation Act in the Court of learned Commissioner, under Workmen's Compensation Act, 1923, which ultimately came to be allowed vide order dated 18.1.2005. Learned Court below while holding respondents/claimants No.1 and 2 entitled for compensation to the tune of Rs.4, 22, 585/- held appellant- insurance company liable to pay the aforesaid amount to the respondents/claimants being insurer of contractor Furpa Lama.

(3.) Appellant-Insurance Company has primarily laid challenge to aforesaid order passed by the court below on the ground that it could not have been saddled with liability to pay penalty at the rate of 50% under section 4-A (3)(b) of the Act on account of delay in making the payment. Since, there is no dispute interse parties qua the facts of the case as well as amount awarded by the court below under various heads save and except penalty under Section 4-A(3)(b) of the Act, there is no reasons for this Court to take note of the facts of the case as well as evidence led on record by the respective parties.