O. P. Garg, J. - (1.) This appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') has been preferred against the order dated 17th February, 1994, passed by the Commissioner stationed at Saharanpur under the Act in W.C.A. No. 6 of 1991 whereby a sum of Rs. 30,000 with interest at the rate of 15% per annum as compensation under Section 4 and a sum of Rs. 15,000 as penalty under Section 4A (3) of the Act with Rs. 500 as cost have been awarded to Smt. Godawarl Devi alias Godambri Devi widow of late Sarveshwar Dull an unskilled labour employed by the appellant, and who is alleged to have met with accidental death.
(2.) Counter and rejoinder-affidavits have been exchanged. Heard Sri J. N. Tewari, learned counsel for the appellant and Sri Tejpal learned counsel for the respondent, at considerable length.
(3.) The appellant Bharat Heavy Electricals Ltd. is engaged in the manufacture of electrical and foundary equipment. One of its projects was situated at Wadi Zizan in Saudi Arabia. Late Sarveshwar Dutt was in the employment of the appellant in the Central Foundary Forge Plant unit as an unskilled workman. He was deputed to Saudi Arabia site on 21.3.1983 where he Joined the camp site. It is alleged that after the project was over In Saudi Arabia, the employees were brought to India in batches as all of them could not be flown together. Late Sarveshwar Dutt expressed his desire to leave Saudi Arabia in the last batch. While being at Saudi Arabia late Sarveshwar Dutt, it is alleged, disappeared from the camp site and was found missing since the afternoon of 9th September, 1983. The site authorities made all out efforts to search him and simultaneously took up the matter with the police of Saudi Arabia. Passport authorities and Labour Department. The nearby hospitals were also informed. The fact of disappearance of Sarveshwar Dutt was also notified in the newspapers. The police of Saudi Arabia could not locate Sarveshwar Dutt in spite of their best efforts. After about 21/2 months of the disappearance of Sarveshwar Dutt, one Hasan Abu. a Saudi national Informed the local police that when he was passing through the north of Khaswia village, he saw a man hanging on a tree. This person was later identified and recognised as late" Sarveshwar Dutt. Necessary formalities relating to inquest on the dead body of the deceased were performed. The dead body was shifted to hospital and in the medical test report Issued on 29.2.1404. the date according to the calendar of Saudi Arabia, the following facts were reported : "The dead person had worn Indian dress and initial medical report shows that bad smell was coming out of his body and parasites and worms have eaten his body. There was no external injury on the dead body and blue nylon rope was tide around his neck. His eyes were open and tongue was out. These symptoms are of suffocational death." From the relevant documents submitted by the Directprate of Police. Zlzan Region Crime Branch. It was established that late Sarveshwar Dutt committed suicide. Since as per local laws, non-Muslim could not be buried in Saudi Arabia, the body of Sarveshwar Dutt was brought to India and handed over to his family members at Haridwar where it was cremated on 24.12.1983.;