JUDGMENT :

R.D. DHANUKA, J.

1. By this First Appeal filed by the appellants under section 30 of the Workmen's Compensation Act, 1923 the appellants (original applicants) have impugned part of the judgment and award dated 12th October, 2012 passed by the learned Commissioner for Workmen's Compensation and Judge, 4th Labour Court, Mumbai.

2. The application filed by the appellants for compensation is rejected against the respondent no. 2 i.e. I.C.I.C.I. Lombard General Insurance Company Limited. Claim for interest made by the appellants has not been awarded from the date of accident but has been awarded interest from the date of judgment and award dated 12th October, 2012 till the date of final realization of the entire compensation amount. By consent of the appellants and the respondent no. 2, the First Appeal is decided finally at the admission stage. Some of the relevant facts for the purpose of deciding this appeal are as under.

3. It was the case of the appellants that their son Sunil Gangaram Doiphode was mainly employed with the respondent no. 1 since 2008 in the capacity of a motor dumper driver and was paid monthly salary of Rs. 9,000/- per month excluding other allowances. On 1