Judgment Dr. Vineet Kothari, J.-This appeal is directed against the award of Workmen Compensation Commissioner dated 22.01.1998, whereby the Commissioner, Workmen Compensation awarded a sum of Rs. 1,58,785/-in favour of the claimant on account of death of Vidya Ram, which took place on 02.08.1992 while working in the factory premises of M/s Goyal Marble House, Raisingh Nagar, District Sri Ganganagar of which the non-applicant, Shri Yog Raj S/o Shri Purushotam Das Agarwal was proprietor. 2. The Workmen Compensation Commissioner held that the said accident took place in the said marble factory while the two workers Vidya Ram and Prithvi Ram were doing the work of stone cutting and on account of electrocution on 02.08.1992 both the said persons died. 3. Mr. S.L. Jain, learned Counsel for the appellant-employer submits that the agreement Exhibit-P/1A relied upon by the Commissioner, is not an enforceable agreement in law and, therefore, the same could not be form basis for awarding the compensation nor it could also become a ground for condonation of delay in filing the said claim under the Act which was filed on 16.04.1996 after the expiry of limitation of two years prescribed under Section 10 of the said Act. 4. Mr. J. Gehlot, learned Counsel appearing for the workman submits that not only the said agreement but in the statement of employer Yog Ram himself , he has also admitted that he is in-charge of the said factory and a sum of Rs. 500/-was to be paid in cash and Rs. 500/-in the Bank account of the workman Vidya Ram. The said employer Yog Raj has also admitted having signed on the said agreement at the instance of his brother, but in his statement he has stated that he had signed the said agreement under some fear. However, under what kind of fear or influence he was at that time could not be explained. 5. Learned Counsel for the appellant has also submitted that as per the said agreement a sum of Rs. 30,000/-even after the death of said workman was paid to the father of the deceased Vidya Ram and that amount has not been adjusted against the total amount awarded by the Workmen Compensation Commissioner. The same deserves to be adjusted. He also submitted that there was no justification of imposition of penalty of Rs. 43,382/-to the extent of 50% of compensation. 6. The same deserves to be adjusted. He also submitted that there was no justification of imposition of penalty of Rs. 43,382/-to the extent of 50% of compensation. 6. These submissions and contentions raised by the learned Counsel for the appellant are opposed by the learned Counsel appearing for the workman. 7. Having heard learned Counsel for the parties and after perusal of the record, this Court is satisfied that the learned Workmen Compensation Commissioner has rightly come to the conclusion that the said deceased Vidya Ram died as a result of accident in the form of electrocution which had taken place in the factory premises of the employer non-applicant on 02.08.1992. In view of the admission of the employer of having signed the said agreement and conduct of the employer having paid a sum of Rs. 1,000/-, Rs. 500/- in cash and Rs. 500/- in Bank account of the said workman, the contract of employment as well as the terms of payment are clearly established and, therefore, the compensation awarded by the Tribunal is in accordance with law and the same is not required to be upset. The amount already paid by the employer to the extent of Rs. 30,000/-is however required to be adjusted against the compensation payable to the claimant. As far as imposition of penalty is concerned, the same is in accordance with the provisions of Section 4-A(3)(b) of the said Act, which empowers the Commissioner to impose such penalty in addition to interest under Clause-(A) of the said provision. 8. In the facts and circumstances of the present case, there appears to be no error on the part of the Commissioner in imposing the said penalty also. 9. Consequently, I do not find any error in the said order and the appeal is accordingly dismissed with the observation that a sum of Rs. 30,000/-paid by the employer will be adjusted against the amount awarded and the balance amount of compensation of Rs. 86,764/-after adjustment of the said amount i.e., Rs. 56,764/-the 50% penalty and interest will also be computed on the said net amount. The amount of compensation thus arrived at shall be payable to the claimants within a period of three months.