Shiv Kumar Sharma, J. - (1.) Rajveer, a young truck driver, was crushed in an accident. At the relevant time, he was employee of respondent No. 3. Learned Commissioner, Workmen Compensation Tonk (for short the Commissioner) framed as many as four issues out of the pleadings of the parties and after recording the evidence awarded vide award dated July 30th, 1996 a sum of Rs. 86,7641- as compensation to the claimants along with 50% penalty observing that the provisions contained in Section 4A of the Act were flouted. Against this order of the learned Commissioner that the present action for filing the appeal, has been resorted to.
(2.) The only submission of Mr. Srivastava, learned Counsel for the appellant, is that the appellant-Insurance Company cannot be held liable for penalty.
(3.) This question was dealt in New India Assurance Co. Ltd. v. Risal Singh, 1997 (1) T.A.C. 444 (Raj.) and New India Assurance Co. Ltd. v. Mst. Rashida and others, 1997 (1) T.A.C. 339 (Raj.) and it was held that if the liability of Insurance Company arises for the principal amount and the same is not deposited or paid within one month from the date of the accident as required under Section 4A(3) of the Workmen Compensation Act, 1923 then the insurer also incurs the liability to pay the penalty and interest. In the case on hand admittedly the principal amount was deposited after three four months from the date of the accident. There is no force in the submission made by the learned Counsel.;