JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. The First Appeal is filed by the appellants – original claimants against the judgment and award dated 04.11.2008 passed by the learned Commissioner for Workmen's Compensation at Ahmedabad in Workmen's Compensation Case No. 141 of 2001, whereby the learned Commissioner has awarded compensation of Rs.2,22,379/- with interest @ 6% p.a. in favour of original claimants and also directed the United India Insurance Company respondent No.2 herein to pay penalty of Rs.55,494/- alongwith Rs.1,000/- costs.

Whereas, the Cross Objection is filed by the respondent No.1 – truck owner challenging the very same judgment and award dated 04.11.2008 passed by the learned Commissioner for Workmen's Compensation at Ahmedabad in Workmen's Compensation Case No. 141 of 2001.

2. The short facts giving rise to present appeal are as under:-

2.1 The appellants are the legal heirs of the deceased Shri Arjanbhai Amarsinh Chauhan. That, the deceased was working with the respondent No.1 herein as a Driver on Truck bearing registration No.GJ-18-T-103 and was drawing Rs.2,100/- p.m. That, the deceased, as per the instructions of the respondent No.1, had gone to fill the truck with g