Honble M.C. JAIN, J.—This appeal has been filed against the judgment of the Workmens Compensation Commissioner, Jodhpur dated 16-02-1985 by which he has awarded Rs. 25,200/- as compensation and Rs. 12,600/- as penalty with interest @ 6% p.a. from 23-03-1981. The facts of the case giving rise to this appeal may be summarised thus.

2. Bhagwan Singh, husband of Roop Kanwar (respondent No. 1) and father of Sarwan Singh (respondent No. 2) and Smt. Keshaw Kanwar (respond-ent No. 3.), was a cleaner in the truck No. RSN 5900, owned by Hari Singh (respondent No. 4). On March 23, 1981, its driver Tulchha Ram took it to the work-shop of Kasim Khan, P.W. 3 for certain repairs. When it was being put in the garage of the said work-shop, its stone-patties fell down over Bhagwan Singh. As a result thereof, he received serious injuries, he was immediately taken to Mahatma Gandhi Hospital, Jodhpur and he remained there for about four months for his treatment. On 8-7-1981, he filed a claim petition under Rule 20, Workmens Compensation Rules, 1924 before the Workmens Compensation Commissioner, Jodhpur for the recovery of Rs. 23,520/- as compensation with cost, interest and penalty against Hari Singh (o

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