1. - This appeal under Section 30 of the Workmen's Compensation Act, 1923 (the Act) has been filed by the Insurance Company against the judgment and award passed by the Workman Compensation Commissioner, District Udaipur dated 26.8.1995 awarding a sum of Rs. 86,764/- as compensation with interest @ 6% p.a. from the date of accident and has further imposed a penalty of Rs. 21,691/- i.e. 25% of the compensation and held the employer and the Insurance Company jointly and severally liable for payment of the amount of compensation, interest and penalty.

2. The brief facts of the case are that Smt. Mohan Kanwar respondent No.1-Claimant aged 22 years filed an application under the provisions of the Act before the Compensation Commissioner on 22.6.1986 against respondent No.2 Mubarik Khan and the appellant Insurance Company. It was inter-alia stated in the application that her husband Shankar Singh was employed on the Truck No. RRY-8238 as driver on 4.4.1986 and was being paid Rs. 1,000/- per month as salary. At the time of accident, deceased Shankar Singh was aged 25 years. When the truck was going from Ahemdabad to Zawar Mines it fell into a ditch and driver Shakar Singh during t