JUDGMENT

DHARMESH SHARMA, J.

1. This judgment shall decide an appeal preferred by the appellant/employer under Section 30(1) (aa) of the Employee's Compensation Act, 1923 [The Act] r/w Section 151 Code of Civil Procedure, 1908 [CPC] for setting aside the impugned judgment-cum-order dated 21.03.2018, whereby the learned Commissioner, Employee's Compensation imposed a penalty upon the appellant, in terms of Section 4A(3)(b) of The Act.

FACTUAL BACKGROUND:

2. Briefly stated that one workman, Pappu Kamti, died in the course of his employment as a driver of the truck, which is owned by the respondent No.1 and was insured by the insurance policy issued by the respondent No.2. A claim petition was filed by his wife/widow and four children bearing No. WCD299/North-West/15/238 dated 26.03.2018. After due enquiry, it was decided vide judgment-cum- award dated 30.01.2017, whereby the respondent No.2 i.e. M/s. Oriental Insurance Co. Ltd. was directed to pay the compensation of Rs. 8,31,920/- along with interest @ 12% p.a. from 08.08.2015 till date of actual payment to the claimants.

3. Subsequently, the present complaint WCD299/North- West/15/238 dated 26.03.2018, was filed by the wife/widow of the