JASPREET SINGH,J. - (1.) Heard the learned counsel for the appellant and Sri T.J.S. Makker, learned counsel for the respondent-Insurance Company.
(2.) The instant appeal has been preferred against the award dated 04.08.2005 by means of which the Workmen Compensation Commissioner has allowed the Claim Petition of the claimant-respondent for a sum of Rs. 4,48,000/- along with 9% simple interest per annum. The Workmen Compensation Commissioner by the aforesaid award has also imposed a penalty to the tune of 50% amounting to Rs. 2,24,000/-. It is this award which has been assailed by the appellant.
(3.) The learned counsel for the appellant has stated that the Workmen Compensation Commissioner has committed an error in failing to note that the appellant had an insurance policy and as such in terms thereof it was the Insurance Company which ought to have satisfied the award and no liability could have been fastened on the appellants especially when the Insurance Policy was not disputed by the respondent no. 1. It has also been submitted by the learned counsel that the Workmen Compensation Commissioner has incorrectly imposed the penalty of Rs. 2,24,000/- which is in complete contravention of Section 4-A of the Act of 1923.;