FAO (WCA) No. 154 of 2005 28.7.2009 Present: Mr. T. S. Chauhan, Advocate, for the appellant. Mr. Ashwani Pathak, Advocate, for respondents No. 1(a) to 1(c). Mr. Deepak Bhasin, Advocate, for respondent No. 2. FAO (WCA) No. 154 of 2005 The appellant herein, during the course of hearing, restricted the scope of challenge only to the question of levy of penalty under Section 4(A) of the Workmen’s Compensation Act, 1923. The respondents herein have not challenged the award and in fact accepted the same. After the matter was heard for some time it was rightly pointed out that the question of penalty was not adjudicated by the Commissioner, Workmen’s Compensation in the impugned award dated 1.9.2004 passed by the Commissioner, under Workmen’s Compensation Act, Sadar Sub Division Bilaspur, H.P. in File No. 01/2001, titled as Shri Roop Lal versus Jaswant Chandel and another. Admittedly this question has not been gone into by the Commissioner, Workmen Compensation while adjudicating the compensation application. In these circumstances as agreed by the learned counsel for the parties, on the limited point of claimant’s entitlement to the claim and amount of quantity of penalty the matter is remanded back. The Commissioner, Workmen Compensation, Sadar Sub Division, Bilaspur, H.P. is directed to decide the said question, after affording due opportunity of hearing to the parties. Learned counsel agree that it shall be open for the parties to lead additional evidence, if need -2- so arises. The accident took place in the year 2000 hence it is expected of the Commissioner, Workmen Compensation to adjudicate the question as expeditiously as possible and preferably within nine months from the date of first hearing. Learned counsel agree that they shall appear before the appropriate authority on 1st September, 2009. Record alongwith copy of the order be immediately sent to the concerned authority. It is clarified that the question of claimant’s entitlement to the amount of compensation and interest thereupon already stands adjudicated and accepted by the parties. Dasti copy. (Sanjay Karol), Judge. July 28, 2009 (PK)