KANHAIYA LAL @ KANJI Vs. LAXMI DEVI

JUDGEMENT

(1.) THIS appeal has been filed against the judgment dated 31.12.1998 passed by the Commissioner, Workmen Compensation, Ajmer (hereinafter 'the Commissioner') awarding to the respondents -claimants (hereinafter 'the claimants') compensation of Rs. 3,76,470/ - in the aggregate constituted of Rs. 2,07,980/ - as compensation, Rs.64,500/ - as interest for a period of two years and seven months and penalty of Rs.1,03,999/ - for the death of one Shrawan Singh - the claimants' bread winner while working on the mine leased to the appellant.

(2.) COUNSEL for the appellant has submitted that the impugned judgment dated 31.12.1998 passed by the Commissioner is liable to be set aside on the ground of the Commissioner not having any jurisdiction. He has submitted that in the exercise of the powers under section 20(1) of the Act of the Employees Compensation Act, 1923 (hereinafter 'the Act of 1923') the State Government vide notification dated 30.12.1995 gazetted on 3.1.1996 appointed Assistant Labour Commissioner and the Welfare Officer, Ajmer as the jurisdictional Commissioner not the Commissioner who adjudicated the claim under the Act of 1923. He further submitted that the rate of interest @ 12% p.a on the compensation found payable for the death of Shrawan Singh was excessive.

(3.) TO my mind, there is no force in the submission of the counsel for the appellant with regard to the jurisdiction of the Commissioner in as much as the said question was not agitated in the form as now agitated in the claim petition laid by the claimants. In -fact no issue was framed and the adjudication of the claim petition contested without any demur from the appellant non -claimant. The issue of the employment of the deceased, his age at the time of his death in the accident arising in the course of employment and his wages are findings of fact rooted in the evidence before the Commissioner and wholly valid.