UNITED INDIA INSURANCE CO LTD Vs. BHANWARIYA

JUDGEMENT

(1.) APPELLANT United India Insurance Company has preferred this appeal under Section 30 of the Workman Compensation Act against judgment dated 31.03.1997 passed by the Commissioner, Workman Compensation, Udaipur in Case No.44/93, whereby, the learned Commissioner passed award in favour of respondent No1 applicant and a sum of Rs.83,515/- was allowed as compensation along with interest at the rate of 6% after one month from the date of accident, which is 02.03.1991, till payment of the amount of compensation; and, further ordered to pay penalty of Rs.20,878/-, 25% of the amount of compensation, within 60 days.

(2.) FIRST of all, with regard to imposition of penalty upon the insurance company, learned counsel for the appellant invited attention of the Court towards judgment of this Bench rendered in the case of United India Insurance Company Ltd. vs. Smt. Kanwari Devi & Others, reported in MACD 2010(1) (Raj.) 196 = 2010(1) CCR 201 (Raj.), in which, while following the judgment of Hon'ble Supreme Court, rendered in Kamla Chaturvedi's case, (2009) 1 SCC 487, this Bench has held that liability of penalty against the insurance company is not justified and it is to be paid by the employer. Therefore, while following the above judgment, the liability fastened upon the insurance company vide impugned judgment dated 31.03.1997 with regard to penalty is hereby set aside as against the insurance company and shifted upon the employer. If the said amount has been paid to the claimant the insurance company shall be entitled to recover the said amount from the employer.

(3.) WHILE inviting my attention towards judgment reported in 2006 ACJ 2212, New India Assurance Co. Ltd. vs. Sita & Others, it is submitted by learned counsel appearing on behalf of the workman that as per the said judgment the plea taken by the petitioner for the first time before this Court cannot be considered.