- (1.) The present appeal has been filed by the appellants under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the said Act') against the order dated 6th March, 2000 passed by the Workmen's Compensation Commissioner, Kota (hereinafter referred to as 'the Commissioner') in Case No. 59/99, whereby the Commissioner has imposed the penalty of Rs. 1 lac on the appellants for the delayed payment of compensation made to the respondent No.1.
(2.) It appears that the deceased Shri Prahlad S/o Shri Nawal Kishore, husband of the respondent NO.1 was working as Khalasi with the Western Railways at Station Bhawani Mandi, Kota Division and he died on 27.11.98, during the course of his employment with the appellants. The appellants, therefore, deposited a sum of Rs. 1,38.583.68/- with the Workmen's Compensation Commissioner, on 24th March,1999. The appellants thereafter received a notice from the Commissioner on the ground that the appellants should have deposited Rs. 1,94,640/- instead of Rs. 1,38,583.68/- and, therefore, a sum of Rs. 56,056/- was deposited less and that the appellants were also liable to pay penalty for the delayed payment of compensation. The appellants replied to the said notices, however the Commissioner passed the impugned order imposing penalty of Rs. 1 lac for the delayed payment of compensation, which is under challenge in the present appeal.
(3.) It has been submitted by the learned counsel Mr. Ramgopal Choudhary for the appellants that the appellants were not liable to pay any penalty under Section 4A of the said Act, as the appellants even without filing any claim petition had deposited the amount of compensation with the Commissioner and there was no delay on the part of the appellants in paying compensation.;