- (1.) These appeals are directed against the judgment and award dated 04.08.2011 passed by the Workmen Compensation Commissioner, Udaipur ('the Commissioner'), whereby, the appellant has been saddled with the liability to pay penalty under Section 4A(3)(b) of the Workmen's Compensation Act, 1923.
(2.) The Commissioner while deciding the aspect regarding imposition of penalty, came to the conclusion that despite passage of five years from the date of accident, the employer has failed to make payment of any compensation to the claimants and, therefore, imposed penalty of Rs.30,000/- in the case of Ram Singh and Rs.1,50,000/- in the case of Shri Logar @ Jagannath Dangi.
(3.) It is submitted by learned counsel for the appellant that appellant had taken a specific plea in the reply to the claim petition that information of the accident was immediately given to the Insurance Company and that he had paid three months' advance salary to the claimants and had bona-fidely pursued the claim with the Insurance Company alongwith claimants and, therefore, the imposition of penalty on the appellant was not justified.;