- (1.) This misc. appeal has been filed under Section 30 of the Workmen's Compensation Act. The appellant - United India Insurance Company is challenging the judgment dated 30/11/1998 passed by the Commissioner, Workmen's Compensation Act, Udaipur in Claim Case No.42/1995, whereby, the learned Commissioner allowed the compensation of Rs.78,824/- in favour of respondents-claimants alongwith interest at the rate of 6% from the date of accident i.e. 07th May, 1995 to the date of depositing the amount by the insurance company before the Commissioner on 25th May, 1996, so also, imposed penalty of Rs.5000/- against the insurance company.
(2.) After hearing both the parties and perusing the entire record of the case, so also, the impugned judgment, I am of the opinion that no substantial question of law emerges for consideration with regard to claim awarded by the Commissioner, Workmen's Compensation Act, Udaipur because during pendency of claim proceedings, insurance company deposited the amount of Rs.78,824/- and in this appeal, the insurance company is raising voice that insurance company is not liable for interest and penalty because as soon as they received notice from the Commissioner, Workmen's Compensation Act, Udaipur they deposited the entire amount. Further, it is submitted that employer did not inform the insurance company with regard to accident, therefore, employer is liable to pay the interest, so also, penalty cannot be imposed upon the insurance company.
(3.) Learned counsel appearing on behalf of insurance company submits that if at all the finding of learned trial court with regard to imposing interest and penalty is upheld by this Court, then also, the amount of penalty and interest is required to be recovered from the employer not from the insurance company.;