This appeal, preferred under section 30 of the Workmen's Compensation Act, 1923, is directed against the judgment and award passed by the Workman Compensation Commissioner, Gandhidham, Kutch in W.C.F. No. 11 of 2006 dated 02.01.07 by which the learned Commissioner has awarded an amount of Rs.2,24,000/- to the distraught heirs and legal representatives of deceased Dhaniben Pababhai. The learned Commissioner has further awarded interest at 12% from 09.06.98 till the date of payment, Rs.1,12,000/- being 50% penalty, Rs.1000/- towards obsequial expenses, and Rs.5000/- towards costs.

Being aggrieved by the aforesaid award passed by the learned Commissioner, the Insurance Company, The New India Assurance Company Limited has preferred the present appeal mainly on the grounds that the Insurance policy produced in the matter makes it abundantly clear that it covers risk of only 40 workers; since the Commissioner has already discussed in the order that 66 persons had filed claim petitions from which only 17 applications were allowed and the rest of the applications were dismissed, the present application would definitely exceed the limit of 40 workmen as provided under the policy, a