1. This appeal is directed against the judgment and order dated 18 February 2012 made by the Commissioner, under the Employee's Compensation Act, 1923 (said Act), the operative portion of which, reads thus :

“ORDER

1. The application is hereby partly allowed.

2. The respondents are hereby directed to jointly and severally pay Rs.5,27,880/- (Five Lakhs Twenty Seven Thousand Eight Hundred and Eighty Rupees Only) to the applicants along with interest thereon at the rate of 6% per annum w.e.f. 07/03/2011 from the date of registration of the application till its realization in full.

3. The opponent No.2 is further directed to pay penalty of Rs.2,63,940/- (Two Lakhs Sixty Three Thousand Nine Hundred and Forty Rupees Only) to the applicant with interest thereon at the rate of 6% per annum from the date of the accident i.e. w.e.f. 13/03/2009.

4. The parties to bear their own costs of litigation.”

2. Mr. Sathaye, learned counsel for the appellant (insurance company) submits that this is not a case of ‘total disablement’ but rather this could have been regarded as a case of ‘partial disablement’. Mr. Sathaye submits that in this case, the applicant, who was a driver may have lost the vis