ARUN BHANSALI,J. - (1.) This appeal is directed against judgment dated 18.03.2017 passed by Commissioner, Employees Compensation, Udaipur ('the Commissioner'), whereby the Commissioner has imposed penalty of Rs. 2,07,024/- on the appellant employer.
(2.) The application for compensation was filed by legal representatives of Takhat Singh with the averments that said Takhat Singh was working in the employment and under the directions of the appellant as Driver on Bus No. RJ27-PA-8000. The vehicle met with an accident, resulting in grievous injuries to Takhat Singh, to which he succumbed. Based on the said averments compensation was claimed. It was indicated in the application that the claimants were entitled to compensation, penalty on account of delay and interest. The application was resisted by the owner as well as the Insurance Company. The owner, inter alia, indicated in the reply that he was not liable for payment of amount of penalty as he had already informed about the accident to the Insurance Company.
(3.) After hearing the parties, the Commissioner awarded a sum of Rs. 6,90,080/- as compensation along with interest @ 12% per annum from 25.12.2011. The Commissioner also imposed a penalty of Rs. 2,07,024/- on appellant employer. It was observed by the Commissioner that as more than four years have passed since the date of accident and no reason has been indicated for non-payment of amount of compensation to the employee, the employer was liable to pay penalty to the tune of 30% of the amount of compensation.;