- (1.) THIS first appeal from order under Section 30 of the Workmen's Compen sation Act has been filed by the appellant/employer- Sri Pradeep Joshi against the order dated 20-12-2002 passed by Workmen Compensation Commissioner and Assistant Labour Commissioner, Haldwani, District Nainital in Suit No. 65 of 2001, Smt. Murti Devi Vs Sri Pradeep Joshi & another.
(2.) BRIEF facts of the case are that the opposite party No. 2 - Smt. Murti Devi filed a suit for compensation against the employer/ appellant on the ground that the deceased was the driver of Truck No. UTU 9812, owned by ap pellant- Sri Pradeep Joshi and during discharge of his duty on 2-5-1992 he met with an accident, due to which he succumbed to injuries on 4-5-1992. At the time of death, the deceased was 45 years of age and was earning an amount of Rs. 2,000/- per month. The claimant has thus claimed for a compensation of Rs. 5,00,000/-along with interest @ 18% per annum. The appellant/defendant no. 1 -Sri Pradeep Joshi (owner of the vehicle) filed his written statement denying the pleadings of the claimant. He also ad mitted the fact of death of deceased-Narendra Kumar Gupta during employ ment and the salary of the deceased as Rs. 1800/- per month. But he alleged that on the date of alleged accident the vehicle in question was insured with New India Assurance Company, therefore, the New India Assurance Company to liable to pay compensation to the claimant. The New India Assurance Com pany has also filed its written statement denying all the allegations given in the petition. It has also been alleged by In surance Company that claimant is not entitled to get any compensation from the Insurance Company, but it has not been disputed that the vehicle was not insured.
(3.) THE Workmen Compensation Commissioner after having perused the entire material on record and hearing the parties directed the appellant-Sri Pradeep Joshi to pay a sum of Rs.-65,2287-as compensation-and interest of Rs. 41,0937-@ 6% In addition to this, the Workmen Compensation Com missioner also imposed penalty upon the appellant to the tune of Rs. 32,6147-, the 50% of the compensation amount of Rs. 65,228/- and he was directed to pay the amount of penalty within a period of one month from the date of judgment, fail ing which recovery proceedings shall be initiated against him. Feeling aggrieved by the aforesaid order, the appellant preferred the appeal challenging the order to the extent of im posing the penalty upon the appellant to the tune of Rs. 32,614/ -.;