JUDGMENT :

1. This Civil Misc. Appeal has been filed by the appellants u/s 30 of Workmen’s Compensation Act, 1923 (for short, the Act of 1923) against the judgment dated 18.08.2017 passed by learned Workmen Compensation Commissioner, Kota (for short ‘learned Commissioner’) in claim case No. J.L.C./F/19/2011 titled as Gopal Sharma & Anr. Vs. Sanjay Pathak & Ors., whereby an amount of Rs.2,08,732/- alongwith interest @ 12% per annum w.e.f 01.06.2006 has been awarded as compensation in favour of respondent Nos.1 and 2-claimants (for short ‘the claimants’) and penalty to the tune of 20% of the compensation amount has also been imposed upon the non-claimant No.1-Sanjay Pathak.

2. Learned counsel for the appellants submits that the learned Commissioner has wrongly allowed the claim petition filed by the claimants. Learned counsel for the appellants also submits that claimants failed to prove that deceased was employed by appellants. Initially, claim petition was filed against the respondent Nos.3-Sanjay Pathak and 4-Bharat Jhamnani respectively. The said claim petition was ex-parte decreed. After that, ex-parte judgment and decree was set aside and respondent No.4 filed reply to the claim