JUDGMENT :

Rajesh Bindal, J.

1. The judgment passed by the High Court¹[High Court of Delhi] in an appeal²[FAO No. 346 of 2007 dated 16.09.2009] filed by the respondents is challenged before this Court. The appellants are the claimants who filed application before the Commissioner³[Workmen’s Compensation Commissioner] seeking compensation under the 1923⁴[The Employee’s Compensation Act, 1923 earlier known as Workmen’s Compensation Act, 1923] Act. The application filed by the appellants before the Commissioner was allowed by him vide order dated 22.03.2007. Compensation of Rs.3,26,140/- (Rupees three lakh twenty six thousand one hundred and forty) with interest @ 12% p.a. was awarded w.e.f. 15.09.2003 till the date of realization.

2. Sumer Singh (the deceased) whose legal representatives are before this Court, was employed as a driver with the respondent no.2⁵[Respondent No.2 in the present appeal is Kuldeep Bhatia, owner of the vehicle.] for driving truck bearing no. DL-1G-B-3976. The deceased was assigned the duty of driving the abovesaid truck in connection with the trade and business of the respondent no.2 from Delhi to Baroda (Gujarat). On 15.09.2003, around 12:30 a.m. while passin