H.R.PANWAR, J. - (1.) THIS appeal is directed against the judgment dated 29.1.1992 passed by Workmen's Compensation Commissioner, Bikaner Region, Bikaner (for short 'the Commissioner') in Case No. WCC/9/91 whereby the learned Commissioner awarded a sum of Rs. 1,26,328/ - in favour of the respondent and, against the appellants. Aggrieved by the judgment and award impugned, the appellants, who are employer of the respondent workman, have filed this appeal.
(2.) I have heard the learned Counsel for the appellants. Perused the judgment impugned and the record. It was contended by the learned Counsel for the appellants that the Commissioner fell in error in determining the disablement to the extent of 90%. He contended that the total disablement resulted due to the said accident would remain only to the extent of 45%. He further contended that the Commissioner fell in error in imposing the penalty for a sum of Rs. 21,615.50. He contended that the appellant had already deposited Rs. 43,231.50 on 27.6.1991 and, therefore, the Commissioner ought not to have imposed the penalty.
(3.) IT was also contended that the claim petition filed by the respondent before the Commissioner was barred by the period of limitation and, therefore, the Commissioner further erred in entertaining the claim filed by the respondent beyond the period of limitation as provided under the Workmen's Compensation Act, 1923 (for short 'the Act').;