SAIRA KHAN & ORS vs M/S NATIONAL INSURANCE CO LTD & ANR

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 28th April, 2025 FAO 502/2018 SAIRA KHAN & ORS .....Appellants Through: Mr. R.K. Nain, Ms. Pratima N. Lakra and Mr. Chandan Prajapati, Advs. versus M/S NATIONAL INSURANCE CO LTD & ANR .....Respondents Through: Mr Ajay Gaur, Adv. for R-1. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA DHARMESH SHARMA, J. (ORAL) 1. No one has appeared for respondent no. 2/registered owner/employer. 2. Having heard the learned counsel for the appellants/claimants and the learned counsel for the respondent No. 1/Insurance Company, this Court proceeds to decide the instant appeal filed under Section 30 of the Employees Compensation Act, 1923 [“EC Act”] assailing impugned order dated 28.05.2018 passed by The Learned Commissioner, Employees’ Compensation Act, whereby their claim petition for penalty to be imposed upon the respondent no. 2 Employer under Section 4B(3)(b) of the EC Act was dismissed. 3. In a nutshell, the appellants filed a claim petition under Section 22 of the EC Act seeking compensation on account of death of Workman, 4. Long story short, it was held by the learned Commissioner vide judgment-cum-award dated 29.04.2016 that there was i