S. B. DESHMUKH, J.

( 1 ) THIS appeal is directed against the judgment and award passed by the commissioner for Workmens Compensation, labour Court, Jalgaon, passed in Application (WCA) No. 62/1997, on October 7, 1998. The commissioner for Workmens Compensation, labour Court, Jalgaon, allowed the Claim application filed by the respondent No. 1 (hereinafter referred to as the applicant for short) and awarded an amount of Rs. 1,78,490/- with 9% interest per annum from the date of passing of the order till the date of 5 deposit. The learned Commissioner for workmens Compensation (hereinafter referred to as the Commissioner for the sake of convenience) did not award costs, interest and penalty.

( 2 ) THE appellant was opponent No. 2 in application (WCA) No. 62/1997. The respondent No. 1 was the applicant. The opponent No. 1 in Application (WCA) no. 62/1997 is respondent No. 2 in this appeal and at the relevant time, was owner of the vehicle and employer of the applicant. The parties shall hereinafter be referred to their status in Application (WCA) No. 62/1997.

( 3 ) THE background facts, giving rise to this First Appeal, may be summarised as follows:a) The applicant alleged in