JUDGMENT :

VUTUKURU SRINIVAS, J.

1. This Civil Miscellaneous Appeal is directed against the order of the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour, Anantapur (hereinafter called as ‘the Commissioner’) in W.C. No. 29 of 2006 dated 28.01.2010.

2. The insurer of the Tata SUMO bearing No. GA-02A-9603, belonging to the 4th respondent herein, is the appellant. The respondent No. 1 herein is the wife and respondent Nos. 2 and 3 are the children of M. Mallikarjuna (hereinafter called as ‘the deceased’). The appeal against respondent No. 5 herein, who sold the said Tata Sumo to the 4th respondent herein, dismissed vide order dated 19.04.2016.

3. According to the respondent Nos. 1 to 3/applicants, in the application before the Commissioner for Workmen’s Compensation at Anantapur, the deceased was working as a driver under the 4th respondent herein on monthly wages of Rs. 4,000/- p.m. On 23.08.2005, the deceased was waiting near fire station at Tadipartri along with said Tata Sumo bearing No. GA-02A-9603 to attend the personal work of respondent No. 4 herein. In the meanwhile, some unknown persons came and engaged the said vehicle on hire and proceeded towards G