PRABHU RAM Vs. AMRIT LAL

JUDGEMENT

(1.) THE above appeals are being decided by this common judgment as both of them have been preferred against the award dated 30.9.1995 passed by the Workmen's Compensation Commissioner, Jodhpur.

(2.) THIS appeal has been filed by the appellants against the award dated 30.9.1995 passed by the learned Workmen's Compensation Commissioner, Jodhpur whereby the learned Commissioner directed the respondent No. 3 National Insurance Company Ltd. to pay compensation to the tune of Rs. 88,548/- to the appellants and also directed respondent Nos. 1 and 2 to pay Rs. 22,580/- as interest to the appellants.

(3.) AGGRIEVED from the award dated 30.9.1995, this appeal has been preferred j by the present appellant-claimants and their main contention is that while deciding issue No. 10, the learned Commissioner did not order for penalty which was mandatory arid, therefore, the award dated 30.9.1995 be modified and be enhanced to Rs. 44,274/-. The learned Counsel for the present appellants has placed reliance on Section 4A of the Act of 1923 and has further placed reliance on a judgment of Hon'ble Supreme Court Pratap Narain Singh Deo v. Shrinivas Sabata.