JUDGMENT :

H.K. Rathod, J.

1. Heard learned advocate Mr. H.M. Thakker for appellant - Assurance Co.

2. The appellant-Assurance Co. has challenged order passed by learned W.C. Commissioner, Kutch at Bhuj in WC (NF) Case No. 7 of 2006, Exh.30 dated 21.8.2008. The learned W.C. Commissioner has awarded Rs.4,89,240/- compensation in favour of claimant with 9% interest and 50% penalty has been awarded against employer and liability of interest is fasten upon the Assurance Co.

3. Learned advocate Mr. Thakker has raised contention that W.C. Commissioner has committed an error of law in directing appellant to pay compensation with interest, though there is no provision under W.C. Act to implead the appellant in W.C. Case as there is no contract between the claimant and Assurance Co. He also submitted that W.C. Commissioner has also committed error in directing the appellant to pay compensation along with interest when there is no conclusive documentary evidence in respect of the salary of respondent No. 1. He also submitted that Rs.100/- daily bhathha cannot be considered to be a part of wages. Therefore, assessment of the monthly salary is erroneous. He also submitted that medical certificate,