JUDGMENT :

N.J. JAMADAR, J.

1. This appeal is directed against a judgment and award dated 7th February 2020 passed by learned Commissioner for Employees’ Compensation and Judge, Tenth Labour Court, Mumbai, in Application (ECA) No. 336/C-80 of 2014, whereby, the application preferred by respondent No. 1-original applicant came to be allowed and appellant and respondent No. 2-employer were directed to jointly and severally pay an amount of Rs. 8,70,576/- alongwith simple interest at the rate of 12% per annum from the date of accident till realization for the permanent disablement suffered during the course of employment. In addition, respondent No. 2-employer was saddled with a penalty of 40% of the compensation. (The parties are hereinafter referred to in the capacity they were arrayed before the learned Commissioner for Employees’ Compensation).

2. The appeal arises in the backdrop of the following facts:

(a) Respondent No. 1-applicant was in the employment with respondent No. 2-opponent No. 1 as a Driver on tanker bearing No. GH-16/X-7166, which was insured with the appellant/orig