GURUDEEP SINGH Vs. SURJIT KAUR

JUDGEMENT

(1.) THIS appeal arises out of an order made by the Commissioner for Workmen's compensation, Belgaum, whereby a sum of rs. 1,79,230/- has been awarded as compensation with interest at the rate of 12% per annum in case the deposit of the amount awarded is not made within a period of 30 days.

(2.) APPEARING for the appellant, Mr. Sabhahit submitted that although he has challenged the impugned order even in regard to the quantum of compensation determined by the same, yet he would be satisfied in case the challenge in the appeal is examined only to the extent the order does not levy a penalty. He urged that the Commissioner had framed an issue on whether or not a penalty was warranted in the facts and circumstances of the case. While deciding the same the Commissioner had declined to levy a penalty in just two words viz. , "no penalty". This, according to the learned counsel, was not a satisfactory method of dealing with the question whether or not the facts of the case warranted levy of a penalty especially when it was not in dispute that there was a delay in the deposit of the amount due to the claimant.

(3.) COUNSEL appearing for the respondent on the other hand argued that levy of penalty was in the discretion of the Commissioner and that since the amount of compensation determined is fair and reasonable, it was not necessary that the Commissioner should have levied a penalty also. He submitted that since the Commissioner did not levy a penalty it must necessarily imply that in his opinion no case for levy of penalty had been made out.