( 1 ) THE appellant-Insurance Company has challenged in this appeal, the impugned judgment and award dated 1st February, 2005 passed by the learned Workmens Compensation Commissioner, Labour Court, Kachchh in Workmens Compensation (Fatal) No. 12 of 2003 filed by the respondents- claimants where by the learned Commissioner allowed the application of the claimants and ordered the appellant-Insurance Company to pay Rs. 4,19,840. 00 (Rupees Four lakh nineteen thousand eight hundred and forty only) to the claimants which may be deposited within 30 days from the date of the order along with interest at the rate of 12% per annum till the realisation from the date of the accident. The appellant-Insurance Company was also ordered to pay Rs. 1,000. 00 for funeral charges, Rs. 2,100. 00 for Court fee stamps and Rs. 500. 00 towards costs. The respondent No. 1-employer was ordered to deposit penalty of rs. 2,000. 00 within 30 days from the date of the order. The appellant-Insurance company has challenged the impugned judgment and award passed by the learned commissioner in this appeal which is filed under Sec. 30 of the Workmens compensation Act.

( 2 ) INITIALLY, in this appea