JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. Present appeal is filed by the appellant - insurance company under Section 30 of the Workmen Compensation Act, 1923 (hereinafter be referred to as “the Act”) challenging the impugned judgment and order dated 04.05.2007 passed by the learned Workmen Compensation Commissioner, Labour Court, Surat in Workmen Compensation (Non-Fatal) Case No.18 of 2003 whereby the learned Commissioner has allowed the application filed by the claimant and awarded the compensation of Rs.3,62,988.00 along with the penalty and interest.

2. Being aggrieved and dissatisfied with the impugned judgment and order of the learned Commissioner, the present first appeal is filed by the appellant – insurance company on the grounds that learned Commissioner has committed an error in assessing the percentage of disability though in the medical certificate the disability was shown at 15%, whereas, the learned Commissioner has considered the disability at 100% and also committed an error in awarding penalty.

3. Heard Ms.Lilu Bhaya, learned counsel appearing for the appellant – insurance company. Though served, the respondent – original claimant has chosen not to appear before the Cou