JUDGMENT 1. - This appeal is directed against the order dated 26th September, 1990 passed by the Court of Workman's Compensation Commissioner, Tonk in Case No. WCF 17/89 whereby a compensation of Rs.87,980 has been awarded. In addition to it, a penalty to the tune of 50% amounting to Rs.43,990/- and interest @6% was also awarded. The Commissioner has directed that all the non-applicants will make the payment of the entire amount jointly and severely. 2. Being aggrieved with the aforesaid order dated 26th September, 1990 the employer has filed this appeal, learned counsels for both the parties are not in a position to show as to whether there is any appeal by the Insurance Company against the same order against which the present appeal has been filed or not. This is a matter relating to the year 1989, the appeal was filed in 1991. If any appeal would have been filed by Insurance Company, then certainly they would have received the notice of appeal. The amount is to be paid by the owner as well as Insurance Company, but when there is an order to make payment by Insurance Company also, then the present appeal on behalf of the appellant is of no consequence. The amount will be recovered from Insurance Company first as per order passed by Commissioner. In case the amount is not recovered from Insurance Company, then only the appellant will be liable to make the payment.In view of above, the appeal stands disposed of.Appeal disposed of as above. *******