- (1.) This civil misc. appeal under Section 30 of the Employee's Compensation Act, 1923 (hereinafter 'the Act of 1923') has been filed against the order dated 19.08.1998, passed by the Employee's Compensation Commissioner, Dausa (hereinafter 'the Commissioner') whereby he has allowed the claim petition filed by the respondents-claimants and awarded an amount of Rs.1,71,370/- plus interest @ 12% p.a. from the date of accident i.e. 29.10.1997 till the date of payment. It was further directed that in the event of non-payment of the amount awarded as compensation within a period of one month, it would carry interest @ 18% p.a. instead of 12% p.a. Cost of Rs.3,000/- has also been allowed to the respondent-claimants.
(2.) The facts of the case are that a claim petition came to be filed by the respondents-claimants Nos.1 to 3 as the parents and wife of one Radheshyam @ Rajesh @ Raju under Section 22 of the Act of 1923. It was stated that Radheshyam @ Rajesh @ Raju was employed with defendant No.1 M/s. Oswal Machinery Store, outside Manganj, Dausa, on the salary of Rs.2,200/- p.m. The case set up was that the aforesaid employee was working as a cleaner on the JCB maintained by the employer M/s. Oswal Machinery Store. On 29.10.1997 while working on the JCB, Radheshyam @ Rajesh @ Raju was stated to have been injured owing to an accident and died in consequence thereof from the injuries suffered. The deceased was stated to be 22 years of age at the time of accident and his death. It was submitted that aside of the lodging of a FIR bearing No.578/1997 registered at Police Station Kotwali, Dausa for offences under Sections 279, 304-A IPC arising out of the accident detailed hereinabove, notices were also sent to the employer M/s. Oswal Machinery Store, claiming compensation under the Act of 1923. Compensation was not paid and therefore the claim petition was laid before the jurisdictional Commissioner. The appellant-Insurance Company i.e. The New India Assurance Co. Ltd., was arrayed as defendant No.2 in the application for compensation on the ground that the offending JCB was insured under cover note No.031629 for the period 2nd June, 1997 to 1st June, 1998. It was prayed that a sum of Rs.2,43,507/- along with interest @ 18% p.a. from the date of the accident till the date of payment as also penalty @ 50% of the compensation found payable be awarded to the claimants.
(3.) The employer M/s. Oswal Machinery Store, in its reply to the claim petition, admitted to the factum of employment of Radheshyam @ Rajesh @ Raju on its JCB and his death following injuries occasioned by an accident with the JCB on 29.10.1997. It was stated that the deceased Radheshyam @ Rajesh @ Raju was indeed at the relevant time working as a cleaner on the JCB on wages of Rs.2,200/- p.m. The age of the deceased Radheshyam @ Rajesh @ Raju at the time of accident on 29.10.1997 when he died was denied for want of knowledge. It was stated that the notices demanding compensation have been received from the claimants and had been forwarded to the Insurance Company with which the offending JCB was insured. It was stated that the Insurance Company was liable to pay the compensation to which Radheshyam @ Rajesh @ Raju was entitled following his death in the accident of 29.10.1997 while working as cleaner on the JCB.;