R.K.RASTOGI, J. - (1.) F .A.F.O. No. 156 of 1996 has been filed by the National Insurance Company Ltd. against judgment and order dated 25.5.1996 of the Workmen's Compensation Commissioner/District Magistrate, Kheri in Case No. 5/96/15/14 under Section 22 of the Workmen's Compensation Act and F.A.F.O. No. 157 of 1996 has been filed against judgment and order dated 25.5.1996 of Workmen's Compensation Commissioner/District Magistrate, Lakhimpur Kheri in Case No. 6/98/16/15 under Section 22 of the Workmen's Compensation Act. Since the legal point involved in both these appeals is a common point of law, I have heard both these appeals together and now I am deciding both of them by a common judgment.
(2.) THE facts relevant for disposal of these appeals are that Man Bahadur nephew of Dhan Bahadur, respondent No. 2 in F.A.F.O. No. 156 of 1996 and Bachchu Singh husband of Smt. Omwati respondent No. 2 in F.A.F.O. No. 157 of 1996 were employed In a sugar factory situated at village Gaddiyana district Lakhimpur Kheri run by Aditya Kumar (respondent No. 1 in both the appeals). The factory was insured with the National Insurance Company, appellant in both these appeals. On 22.3.1990, during employment of the aforesaid two persons, a wall of the factory fell down due to heavy cyclone, and consequently Man Bahadur and Bachchu Singh died having been crushed below the wall. Hence, Dhan Bahadur filed Case No. 5/96/15/14 for recovery of compensation under the Workmen's Compensation Act and Smt. Omwati filed Case No. 6/98/ 16/15 under the same Act. The Workmen's Compensation Commissioner after hearing the parties awarded a sum of Rs. 34,705.60p. as compensation in the case filed by Dhan Bahadur and also allowed 25% penalty on this amount which came to Rs. 8,676.40p. It also granted interest on the amount of compensation from 22.3.1990 to 30.4.1996 at the rate of 6% per annum and also awarded Rs. 2,000 as costs; in all Rs. 55,874 and the National Insurance Company was ordered to pay this amount within a month from 25.5.1996, failing which the amount was to be recovered as arrears of land revenue. In the case filed by Smt. Omwati the Commissioner granted Rs. 24,494.40p. as compensation and 25% penalty amounting to Rs. 6,123.60p. It also allowed interest from 22.3.1990 to 30.4.1996 at the rate of 6% per annum, which comes to Rs. 7,348 and Rs. 2,000 as costs; in all Rs. 39,996, and directed the National Insurance Company to pay the above amount within a month, failing which the same was to be realized as arrears of land revenue.
(3.) AGGRIEVED with these orders, the National Insurance Company has filed these two appeals.;