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Judgment
M.D. Shah, J.—By this first appeal, appellant herein-original opponent No. 2 has challenged the order dated 14.08.2012 passed by the Commissioner for Workmen Compensation, Junagadh, Camp at Porbandar in Workman Fatal Case No. 20 of 2001, by which the learned Commissioner has partly allowed the claim of the legal heirs of the deceased workman and awarded compensation of Rs. 1,59,800/- with running 9% interest and also passed order to pay penalty of Rs. 31,000/-. It is the case of the claimants that deceased workmen was serving as driver with the appellant S.T. Corporation. The deceased was on duty on 22.11.1998 on Junagadh to Porbandar route which was to leave at 9.45 p.m. Deceased reached Ahmedabad depot on the next day. The duty of the deceased was over. The deceased took in S.T. Stand rest house and while he was sleeping, he suddenly became unconscious and was taken to hospital for treatment and thereafter he was declared dead. After recording evidence on record, learned Commissioner by order dated 14.08.2012 passed the order. Against the said order, original opponent No. 2 has preferred this appeal.
It is submitted by Mr. Rawal, learned advocate for the appellant that the appeal is filed on the point of quantum of penalty and requested to pass appropriate orders.
It is submitted by Mr. Vyas, learned advocate for the respondents-legal heirs of deceased that award passed by the Commissioner for Workmen Compensation is just and proper and not required to be interfered by this Court and so it is requested to dismiss the appeal.
This Court has gone through the judgment and award dated 14.08.2012 passed by the learned Commissioner together with oral as well as documentary evidence on record.
It is admitted fact that deceased was serving as driver in the S.T. Corporation. Considering the fact that deceased after performing his duty as driver stayed at S.T. Rest house and received heard attack, the issue arise whether death occurred while performing duty or not and in opinion of this Court, if order of penalty imposed by the Commissioner for Workmen Compensation is quashed and set aside, then, it will be in the interest of justice. So original applicants-claimants are entitled to get an amount of Rs. Rs. 1,59,800/- with running 9% interest from the date of filing application and so far as penalty of Rs. 31,000/- imposed by the learned Commissioner is required to be quashed and set aside.
In view of above the first appeal is partly allowed order dated 14.08.2012 passed by the Commissioner for Workmen Compensation, Junagadh, Camp at Porbandar in Workman Fatal Case No. 20 of 2001 is modified to the aforesaid extent. It is held that the original applicants-claimants are entitled to get an amount of Rs. Rs. 1,59,800/- with running 9% interest from the date of filing application. Penalty of Rs. 31,000/- imposed by the learned Commissioner is hereby quashed and set aside. The excess amount deposited by the appellant-S.T. Corporation will be refunded to the present appellant-S.T. Corporation with interest.
Record and Proceedings, if any, be sent to the concerned Trial Court forthwith.
It is made clear that this order will not be treated as precedent.