B. D. Agarwal, J. - (1.) :-
(2.) THESE connected appeals under Section 30 (1) of the Workmens Compensation Act, 1923, (for short the 'Act') are directed against an order of the Commissioner dated August 23, 1977. Abdul Hameed was a workman under the employment of the U. P. State Road Transport Corporation (hereinafter referred to as the 'Corporation') during the relevant period. On March 29, 1975, he was driving the bus no. USR 9194 carrying passengers from Nainital to Haldwani Due to a sudden failure of the brake the bus met with an accident resulting in grievous injuries to Abdul Hameed-the driver. Medical examination took place the same day and later the Medical Board declared him absolutely unfit to continue in employment. As a result he was retired with effect from September 9. 1975. After giving notice to the Commissioner as required . under Section 10 (1) of the Act, Abdul Hameed preferred the claim for compensation before the Commissioner on March 26, 1977. The Commissioner found that Abdul Hameed receive Rs. 449.52 per month as the salary. The amount of compensation assessed on the basis thereof was Rs. 14 000/-. In addition the Commissioner found the claimant entitled to receive Rs. 2,020/- as interest and a sum of Rs. 5,000/- by way of penalty. In all thus he has been granted a sum of Rs. 21,020.60 only. Aggrieved against this order the Corporation preferred First Appeal From Order No. 434 of 1977. Abdul Hameed has filed cross appeal registered as First Appeal From Order No. 444 of 1977. These were heard together.
(3.) LEARNED counsel for the Corporation contends that there could be no penalty awarded to Abdul Hameed. The argument is that the compensation should have been taken to fall due upon the determination of the amount thereof. It was submitted that the Corporation may have pleaded that the accident occurred due to lack of adequate precaution taken by the claimant himself and there arose no liability of any kind against the Corporation. From the record it would appear that the Corporation did not put any contest before the Commissioner despite notice and the opportunity being accorded. In the absence of anything placed on the record from the side of the Corporation and in face of the evidence filed by the claimant having remained unrebutted there remains no basis to say that the availability against the Corporation may not have accrued. There is no dispute that the claimant was during the relevant period a workman within the meaning of Section 2 (n) of the Act under the employment of the Corporation. It is also established that personal injury was caused to him by accident arising out and in the course of his employment while he was carrying the bus belonging to the Corporation from Nainital to Haldwani on March 29, 1975. Section 4-A (1) of the Act provides that compensation under Section 4 shall be paid 'as soon as it falls due". Sub-section 13) of Section 4-A reads as under : '"Where any employer is in default in paying the compensation due under this Act within one month from the date it fell due, the Commissioner may direct that, in addition to the amount of the arrears, simple interest at the rate of six per cent per annum on the amount due together with, if in the opinion of the Commissioner there is no justification for the delay, a further sum not exceeding fifty per cent of such amount, shall be recovered from the employer by way of penalty." ;