JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. Present appeal is filed by the appellant – New India Assurance Company Ltd. against the judgment and award dated 27.03.2009 passed by the learned Workmen’s Compensation Commissioner, Kachchh at Bhuj in Workman Compensation (Fatal) Case No. 5 of 2008, whereby, the learned Commissioner has awarded compensation of Rs.4,15,960/- with interest @ 12% p.a. in favour of original claimants and also directed the appellant herein to pay penalty of Rs.2,07,980/- @ of 50% of the principal amount of compensation.

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

2.1 The deceased Babuji Amuji Thakore, aged 30 years was a workman employed by the respondent No.6 herein as his driver. He was working under the control of respondent No.6 and his wages were being paid by the respondent No.6. He used to work as a driver in truck bearing registration No.GJ-8- U-1409 and his monthly wages were Rs.4000=00 plus Rs.2500-00 per month as daily bhattha, in all his total wages were Rs.6,500=00 per month. The appellant is the insurer of respondent No.6. It is further the case of the appellant that on 15.06.2003 the deceased was on duty as a driver on the truck No.