JUDGMENT :

K.M. Thaker, J.

All these appeals, viz. the First Appeal Nos. 4085 and 4086 of 2009 and 3830 to 3840 of 2006, arise from the same incident/accident i.e. cyclone which devastated coastal areas in the State of Gujarat on 9th June, 1998. The claimants/victims in the claim cases Nos. 37 and 35 of 2000, 18, 19, 23, 24, 25, 38, 39, 40, 46 and 47 of 2005 and 2 of 2006 are the labourers commonly known as "Agariyas" working on the premises of the opponent No. 1-New Kandla Sault & Chemical Company Private Ltd. The appellant herein was the insurance company who held the insurance taken out by the opponent employer in respect of its workmen being the workmen compensation policy number was 412116011104. The policy was taken out for 40 contract labourers.

2. Since the opponent Nos. 1 and 2 did not pay the compensation to the victims/their heirs or legal representatives as required under the provisions of the Workmen Compensation Act, 1923 [hereinafter referred to as "the Act"], the claimants filed the above referred workmen compensation cases before the learned Commissioner, Kutch at