JUDGMENT:

S.B. Sinha, J.-- Leave granted.

2. Bipul Gogoi was appointed as a Driver of a vehicle bearing Registration No.AS-09/2289 by the third respondent. He reported to his duty at about 9.30 am on 9.10.1996. He was since then not heard by the members of his family or by his employer.

3. The Officer In-charge of the Bokajan Police Station registered a case against Bipul Gogoi. A charge-sheet was filed in connection with the said case before the Judicial Magistrate stating that the Driver has absconded with the vehicle on 23.7.1999.

4. First and second respondents herein, being the parents of the said Bipul Gogoi, filed an application under the Workmen Compensation Act, 1923 (the 1923 Act) for payment of compensation for a sum of Rs.4,48,000/- before the Commissioner of Workmen Compensation, Golaghat for death of their son in course of his employment. Notices were issued to the appellant. It denied and disputed the said claim, inter alia, contending that no compensation in terms of the Workmen Compensation Act was payable, only on a presumption that the said Bipul Gogoi had died. The owner of the vehicle being the third respondent, however, cont