1 D.B. CIVIL SPECIAL APPEAL NO.92/2003 The Executive Officer, Municipal Board, Rawatbhata Vs. Jagdish Chandra. Date : 14.02.2007 PRESENT HON'BLE MR. JUSTICE RAJESH BALIA HON'BLE MR. JUSTICE CHATRA RAM JAT Mr. K.N. Joshi for the appellant. Mr. Pradeep Choudhary for the respondent. ________ The Court fee and Advocates Welfare Stamp on Vakalatnama have been submitted by the learned counsel. The appeal was barred by three days. Since these defects were not cured, the learned Single Judge has dismissed the appeal further observing that certificate of deposit of amount in terms of proviso to Section 30 of the Workman's Compensation Act also has not been placed along with the memo of appeal before the learned Single Judge. The same has still not deposited and those defects have not been cured. In these circumstances, it cannot be said that the order 2 passed by learned Single Judge is incorrect and requires interference. Moreover, we find that there is no merit in appeal either inasmuch as the respondent has met with an accident while he was on duty at Check Post as a Naka Guard as a result of which he suffered severe injuries and went into coma. The accident took place on 13th June, 1995 and he had remained hospitalized until 22nd June, 1995 due to the aforesaid accident. It resulted in rupture of his spleen which had to be removed and and has resulted in 25% permanent reduction in his efficiency. In these circumstance, the award of compensation at Rs.26,473/- cannot be said to be excessive so as to require any interference. Further delayed payment of compensation under the Workman Compensation Act, the liability of petitioner-appellant towards penalty and interest also flows. Accordingly, the appeal fails and is hereby dismissed with costs. 3 [CHATRA RAM JAT], J. [ RAJESH BALIA ], J. babulal/