NATIONAL INSURANCE COMPANY LIMITED Vs. MOTI LAL MODI

JUDGEMENT

(1.) This appeal has been preferred under Section 30 or the Workmen's Compensation Act, 1923 (the Act) against the order dated September 26, 1989 passed by the Presiding Officer Labour Court, Bokaro Steel City in W.C. Case No. 14 of 1986.

(2.) At the very outset, it must be stated that in the cause title of the memorandum of appeal, the appeal has been valued at Rs. 39,357.60 only which has been granted by the impugned order towards compensation, but at the time of pressing the appeal in the hearing stage, Mr. P.C. Roy, appearing for and on behalf of the appellant has not contested the compensation amount rather he is contesting regarding interest and the amount of penalty imposed only. Mr. Jai Prakash, appearing for and on behalf of respondent No. 2 had raised objection at the very out-set that the appellant has got no authority to challenge the interest and penalty portion when no appeal has been preferred against the same. There is some force in the submission of Mr. Jai Prakash, but from the grounds of appeal it appears that the main ground of appeal had been taken with regard to the imposition of penalty under Section 4-A of the Act. When the appeal has been preferred against the order of the appellate Court and when the question of Court fee is not there as it is only a miscellaneous appeal as per the rule, I feel that such technical irregularity on the part of the appellant may not debar him from pressing the point regarding imposition of interest and penalty on the appellant in the appeal.

(3.) Section 4-A(3) of the Act provides in the following manner: -