(1.) Being aggrieved by the judgment and award dtd. 10/7/2002, passed in W.C.A. No. 9/2000 by the learned Commissioner, Workmen 's Compensation Act, original respondent No. 2-M/s New India Assurance Co. Ltd. has preferred this appeal under Sec. 30 of the Workmen 's Compensation Act, 1923 (for short 'Act ').
(2.) The respondents No. 1 and 2 were the applicants whereas the appellant-insurance company and respondent No. 3-insured were the respondents No. 1 and 2 respectively in the claim proceedings before the learned Commissioner, Workmen Compensation Act and Civil Judge Senior Divisions, Osmanabad and shall be hereinafter referred to as the applicants and respondents No. 1 and 2 respectively.
(3.) The facts giving rise to the present appeal can be summarised as under :-