JUDGMENT

P.K. Jaiswal, J.

1. This appeal is filed by the insurance company under Section 30 of the Workmen's Compensation Act, 1923 (for short 'the Act') challenging the order dated 12.9.2000 passed by Commissioner for Workmen's Compensation No. 2, Gwaiior in Case No. 1 of 1995-W.C.A. (Fatal).

2. (a) In M.A. No. 734 of 2000 filed by the insurance company, Badri Prasad Tiwari, aged 20 years, husband of Ranidevi, respondent No. 1, died in a vehicular accident on 28.3.1994. The respondent Nos. 1 and 2 are widow and son of the deceased respectively. The respondent No. 3 is the wife of the respondent No. 2. They filed an application for compensation before the Commissioner, Workmen's Compensation. The Commissioner by the impugned order has awarded an amount of Rs. 81,864 as compensation plus penalty of Rs. 40,000 on delay in paying the compensation and interest at the rate of 6 per cent per annum on the amount of compensation. Learned Commissioner held that the appellant and respondent Nos. 4 and 5 being the owner and driver of the vehicle respectively are jointly and severally liable to pay the compensation amount along with interest but exonerated the appellant insurance company from pay