JUDGMENT :

D.C. Gheewala, J.

1. The present appeal is directed against the order No. 60 of 1983 of the Commissioner for Workmen's Compensation. The present two appellants along with respondent No. 2 the insurance company, were held responsible by the learned Commissioner as the deceased had died during the course of employment of the present appellants. The learned Commissioner, while awarding compensation of Rs. 30,000, also imposed a penalty of Rs. 15,000 and he ordered that the said penalty shall be payable by the present appellants and the insurance company was exonerated from paying the said amount. The appellants have challenged the said order and we heard Mr. Damani, learned advocate for the appellants,at great length. The Bench which was previously seized of this matter, by an order dated October 15, 1985, issued notice to respondent No. 9 while observing that they did not see any reason as to why this court should interfere with the order of penalty. However, when notice was issued in pursuance of the said order of this court, Mr. P. V. Nanavaty appeared for respondent No. 9.

2. We heard Mr. Damani at length and Mr. Damani, in the course of very exhaustive and able arguments,