BANWARI LAL SHARMA,J. - (1.) Appellant-Insurance Company has preferred this misc. appeal against the impugned judgment dated 06.07.2009 passed by learned Commissioner Workmen's Compensation, Jaipur District- II, Jaipur in Case No. WCCNF 191/2008 (Suresh Yogi v. Shankar Sewak Yogi and Anr.) whereby learned Commissioner partly allowed the application of respondent-non-claimant and awarded Rs. 2,15,040/- with interest at the rate of 12% per annum from the date of accident i.e. 29.02.2008 and also imposed penalty of Rs. 1,00,000/- on respondent No. 2- non-claimant-owner.
(2.) The brief facts of the case are that respondent No. 1 submitted a claim petition under the provisions of the Workmen's Compensation Act stating therein that on 29.02.08 while he was employed as Khalasi on truck No. RJ-14-GA-9639 sustained injuries when the said truck rammed into the rear end of a trolla. At the time of accident he was 20 years old and was getting Rs. 4000/- per month wages, accordingly he claimed a compensation of Rs. 4,00,000/- with interest.
(3.) Non-claimant owner did not appear despite service of the notice, therefore proceedings were held ex-parte against him.;