State Of Maharashtra vs Arti Wd/O Ashok Kapshikar And Ors. on 21 June, 2007
The question of payment of penalty would not arise in view of the
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fact that the employer had denied the liability to pay compensation. As held
in State of Maharashtra Vs. Arti Ashok Kapshikar 2007(6) Mh.L.J. 108,
on denial of liability to pay compensation, the claim would have to be
adjudicated and hence question of levying penalty would not arise.