( 1 ) HEARD both sides.

( 2 ) THIS is an appeal arising under the workmen s Compensation Act, 1923 (for brevity "the W. C. Act")

( 3 ) THIS Civil Miscellaneous Appeal is directed against the Award, dt. 28-9-2004, passed by the Commissioner for Workmen s compensation and Assistant Commissioner of Labour-l at Hyderabad (for brevity "the tribunal"), partly allowing the application in w. C. No. 102 of 2003 and granting a sum of rs. 3,79,141/- towards compensation to the applicants for the death of the deceased by name one Sri K. Shekar, who died on 14-7-2003 due to the injury sustained by him in the accident occurred on 13-7-2003.

( 4 ) THE appellant is the Insurance company, the respondents 1 to 4 are the applicants and the respondent No. 5 is the present owner of the vehicle.

( 5 ) FOR the sake of convenience, the appellant, the respondents 1 to 4 and the respondent No. 5 will be referred to as "the insurance Company", "the applicants" and "the transferee owner", respectively.

( 6 ) THE brief facts, which are not in dispute, are that the deceased, while driving the lorry bearing Nc AAT-4056 of the transferee owner, met with an accident. The narration of the method an