1. - This misc. appeal has been preferred by the non-petitioner No. 1 M/s. Bhata Associate Stone Co. against the judgment dated 28.2.1997 passed by the Commissioner, Workmen's Compensation Tribunal in Claim Application No. 4/96 by which order an amount of Rs. 49,954/- as compensation penalty and interest was ordered to be paid with future interest of 18%.

2. A claim application was filed by the respondent Raju S/o Gopal under the Workmen Compensation Act, 1923 before the Commissioner, Workmen Compensation Tribunal, Kota on the ground that during the employment with the appellant under the ownership of one Surender Kumar son of Mangilal and when he was working under the instructions of the n employer on 5.7.1993 while un-loading the slabs of 'Mukassar' stone from his employers' truck bearing No. RNO 3780 one slab of stone had fallen on his right leg and he was seriously injured. He was disabled. Initially the appellant was proceeded exparte, but lateron on his application the exparte proceedings were withdrawn and he was allowed to participate in the proceedings. Even though admitting the accident, the liability was denied on the ground that it was because of negligence of t