T.S. Doabia, J.

1. This is an appeal preferred under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as the 'Act'). The claimants are parents of deceased Lachmi. The claimants are satisfied with the quantum of compensation which was fixed at Rs. 47,720. They however pray that penalty may also be imposed. According to them, there was a failure to make the payment within the stipulated period. According to them penalty at the rate of 50% should have been allowed.

2. The facts in brief may be noticed as under:

An accident is stated to have taken place on May 30, 1987. The brakes of the truck failed. It rolled back and overturned resulting in the death of Lachmi. Claim petition was filed on September 25, 1987, It is alleged that the owner of the truck acquired the requisite knowledge immediately and under the law it should be presumed that he had the requisite notice under Section 10 of the Act. It may further be seen that the claim as orginally lodged was amended. Originally it was stated that the deceased was engaged as a cleaner but later on an amendment was allowed and deceased was described as a labourer. This amendment was allowed on December 26, 199