A.K.YOG, J. - (1.) HEARD Mr. Vivek Kumar Mishra, learned Counsel for the appellant, National Insurance Company Ltd. as well as Mr. Rajesh Kumar Mishra on behalf of respondent Nos. 1 and 2. Owner of the vehicle Mohd. Nasir impleaded as proforma respondent No. 3 who is not served. As agreed by the aforesaid Counsel and that the judgment (which we propose to pass will not adversely affect Mohd. Nasir/respondent No. 2 in any manner) and further considering interest of the claimant Nos. 1 and 2 we proceed to decide present F.A.F.O. finally.
(2.) THIS first appeal from order arises from Workmen's Compensation Claim Petition No. 8 of 2003 filed by Tola and another, claiming to be father and mother of one deceased Sawabul in an accident while employed as cleaner on the vehicle owned by Mohd. Nasir/respondent No. 3. The (vehicle on which the deceased was discharging duties as cleaner) got stuck in 'Malan' River at Kotdwar and Sawabul died because of high water current. Parties contested the claim petition by leading evidence as they desired. Workmen's Compensation Commissioner vide judgment and order dated 30.6.2003 allowed the aforesaid compensation petition directing the Insurance Company/appellant to pay a sum of Rs. 4,99,900/ - as well as 9% per annum simple interest (from the date of accident namely 31.7.2003 till the date of deposit) within 30 days of the award and further directed Mohd. Nasir (owner of the vehicle in question/respondent No. 3 before us) to pay a sum of Rs. 2,49,950/ -, being 50% of the total compensation amount as penalty; to be deposited within 30 days of the award.
(3.) LEARNED Counsel for the appellant pointed out that the present first appeal from order raised substantial question of law namely - Whether Workmen's Compensation Commissioner was justified in deciding the case without recording categorical finding regarding status of the claimants as being heirs/representatives and/or dependents upon deceased in question?';