K. M. MEHTA, J. United India Insurance Company Limited, appellant original opponent No.2, has filed this appeal against the judgment and award dated 27th April, 2000, passed by the Ex-officio Commissioner for Workmen's Compensation and Labour Judge, Labour Court, Jamnagar in Workmen's Case Nos. 10 to 23 and 30 of 1994. The learned Judge was pleased to award compensation as per the table in Para 6 of the judgment. The learned Judge has also awarded interest at the rate of 6 % from the date of the application i.e., 26-2-1994.

2. The facts giving rise to this appeal are as under :

2.1 The original claimants were the employees of one Abdulla Haji Ibrahim Bhayad, owner of the ship, who is original opponent No.1. According to the claimants, they were working with opponent No. 1 and opponent No. 1 used to pay Rs. 1,000/- as salary per month to one Shri Ishaq Osman original claimant No. 1 and other claimants were getting Rs. 500/- per month. All these claimants boarded one ship bearing Registration No. M.N.G. 353 named "M.S.V. Albuquerque" (hereinafter referred to as "the ship in question"). They boarded the said ship in December, 1991 from Veraval for going to Dubai. They boarded the same on 26-12-1991.

2.2 It is the case of the claimants that when they boarded the ship on 26-12-1991, thereafter the ship never reached its destination i. e., Dubai and there was no whereabouts of those 15 persons i.e., crew of the ship as well as the ship in question. It was further stated that the owner of the ship has obtained an insurance policy with respondent No.2 - United India Insurance Co. Ltd. They also contended that they were not aware as to whether the ship reached to Dubai or where that 15 crew members have gone. Ultimately, they inquired at the respective places but there was no whereabouts of the ship as well as 15 crews.

2.3 The plaintiff through their learned Advocate has addressed a notice dated 24-5-1993 to the owner of the ship which is produced at Exh. 17. It was submitted that in the said ship there were 15 crew members who were travelling in the said ship and the said ship left in December, 1991, and thereafter, there was no whereabouts about the ship as well as those 15 crews and so the owner of the ship is liable to pay compensation of Rs. 2,50,000/- and the owner has taken out insurance policy as he has already paid the amount of premium to the Insurance Company in this behalf.

2.4 They have stated that they inquired at that time and they have found that the ship lost in the sea and there is no whereabouts of the ship as well as 15 crews. In view of the same, the claimant No. 1 has filed application for obtaining compensation of Rs. 65,228/-. The said application was filed on 16-2-1994.

2.5 In the suit, the defendant No. 1 has filed a written statement in which it has been stated that the said ship was "M.S.V. Albuquerque" Registration No. M.N.G. 353 and insurance was taken from 8-1-1992 to 7-2-1992 and Policy No. 066201/91/1/00058/92 through United India Insurance Co. Ltd.

2.6 The plaintiff has relied upon insurance policy taken by the United India Insurance Co. Ltd. for the ship from 8-1-1992 to 7-2-1992 for two months. The said policy has been produced at Exh. 47 being Policy No. 066201/91/ 1/00058/92. It was also stated that premium of Rs. 6,850/- was paid and the ship was I.T.C. Hull Clause and Personal Accident Insurance for 20 crews. The amount of insurance was for Rs. 10.00 lakhs. The ship name was also shown as "M.S.V. Albuquerque".

2.7 Similarly, another policy of the said ship is also produced at Exh. 49. The period of insurance policy is from 7-2-1992 to 6-5-1992 bearing Policy No. 066201/91/1/00064/92 of Rs. 10.00 lakhs. They have paid the premium of Rs. 21,150/- in this behalf. It was stated that policy covers I.T.C Hull Clause and Personal Accident Insurance for 20 crews.

2.8 It was stated that they have also inquired with certain agencies but there is no whereabouts of the ship as well as 15 crews, and therefor