- (1.) HEARD Shri. V. N. Upadhye, Advocate for the appellant and Shri. B. R. Warma, Advocate for the respondent.
(2.) THIS is an appeal preferred by the original respondent no. 2 against the judgment and award passed by the Commissioner, workmen's Compensation and Civil Judge (Senior Division), Parbhani in F. A. No. 8 of 1996 dated 2-5-1998 imposing penalty of rs. 83,013. 75 Ps. and interest at the rate of 12% p. a. and making the appellant liable for payment, in addition to this amount, the compensation of Rs. 1,66,027. 50 Ps.
(3.) THE facts relevant for decision of this appeal may be briefly stated as under : one Balu Mohan Bansode, who was admittedly in the employment of respondent no. 3, died in a vehicle accident that had taken place on 11-5-1996. The respondents Nos. 1 and 2 (original petitioner Nos. 1 and 2) are the parents of Balu. Balu Mohan Bansode was serving as a driver. He was getting in all rs. 1500/- and Rs. 600/- towards Bhatta from respondent No. 3. On 11-5-1996, he was driving the said vehicle. As per the directions of respondent No. 3, he was coming from majalgaon to Manwat. However, near ramnagar Tanda, an unknown truck gave dash to the said jeep as a result of which, Balu sustained injuries and died on the spot. The said accident occurred out of and during the course of employment. Balu was 22years old. The vehicle was insured with the Insurance company i. e. original respondent No. 2 (present appellant ).;