S. E. W INFRASTRUCTURE LIMITED Vs. MOHD SIRAJUDDIN

JUDGEMENT

(1.) The Employer - S.E.W Infrastructure Limited has preferred this appeal under Section 30 of the Employee's Compensation Act, 1923 (for short, the Act of 1923) questioning the legality and propriety of the order dated 07.02.2015 passed by the Commissioner for Employee's Compensation, Labour Court, Raigarh (hereinafter referred to as the Commissioner) in Case No. 43/E.C.Act/2014/Fatal, whereby the penalty of Rs.3,40,190/-, i.e., 50% of the compensation amount of Rs.6,80,379/-, has been imposed on the Employer while directing to deposit the same within the period of 30 days. The parties to this appeal shall be referred hereinafter as per their description in the Court below.

(2.) Briefly stated the facts of the case are that on 04.09.2014 at about 5:00 pm, the deceased Farukh Ali while dismantling the tower fell down from above 55 meter height and got injured badly. He was taken to the Government Hospital at Raigarh, but he succumbed to the injuries at about 6:30 pm. Report of the said fatal accident was made by the Employer before the Commissioner on 05.09.2014 and after considering the said Report, amount of compensation was determined, which was required to be made within the period of one month under Section 4-A of the Act of 1923. It was, however, made beyond the said statutory period on 17.11.2014. A showcause notice was, therefore, issued to the Employer on 08.01.2015, calling upon as to why the penalty should not be imposed for non-compliance of the said mandatory provision.

(3.) In response to the aforesaid notice, it was stated by the Employer that the insurance of the deceased/employee and others' were made with the Bajaj Allianz Insurance Company Ltd. and, it was the responsibility of the said company to deposit the amount as the information regarding the alleged fatal accident was communicated immediately to it. It is stated further in the said reply that despite several requests being made for its payment, a sum of Rs.6,58,108/- was paid by the said insurance company through cheque in their Office at Hyderabad on 15.11.2014, and immediately thereafter, i.e., on 17.11.2014, the requisite amount of compensation of Rs.6,80,379/- was paid. It was, therefore, stated that there was no deliberate delay in making the payment of compensation amount accrued on account of the alleged accident and in support thereof, examined its witness, namely, Y. Rambabu, the Deputy Manager of its company.