( 1 ) THE Commissioner for Workmen Compensation, Kolar has awarded the compensation of Rs. 89,084/- in favour of respondents 1 and 2-Claimants for the death of one Shasikumar who was driving the taxi under the employment of the appellant. The respondents 1 and 2 are the parents of the deceased-Shasikumar. In addition to awarding the compensation, the Commissioner has also directed the appellant to pay the penalty of Rs. 30,000/- and the interest at the rate of 6% p. a. on the compensation amount of rs. 89,084/ -. Being aggrieved by this the present appeal arises.

( 2 ) MR. R. S. Ravi, learned Counsel for the appellants submits that imposing of penalty and interest on the appellant is contrary to law and facts of the case. On the other hand Mr. H. G. Ramesh, learned counsel for R-3-Insurance Company submitted that the death of the said Shasikumar did/not arise in the course of the employment. He also filed cross objections to that effect and according to him the finding of the Commissioner is erroneous.

( 3 ) THE learned Commissioner has considered the aspect of the employment and injury. According to the appellant, he was just employed one day prior to the alleged