JUDGMENT:

This Civil Miscellaneous Appeal is directed against the order of the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour, Dharmavaram (hereinafter called as ‘the Commissioner’) in W.C.No.41 of 2005 dated 04.06.2009.

2. The insurer of the lorry bearing No.KA 01 D 1249 belonging to the 1st respondent herein is the appellant. The respondent Nos.1 and 2 herein are the parents and respondent Nos.3 and 4 are unmarried brother and sister of the deceased.

3. According to the respondent Nos.1 to 4/applicants, in the application before the Commissioner for Workmen’s Compensation at Dharmavaram, the deceased was working as driver under the 5th respondent herein on monthly wages of Rs.4,500/- p.m. On 20.10.2003, the deceased was informed the applicants that he was attending the duty from Bangalore to Nagpur with load. While so, on 24.10.2003, when the lorry reached near Nagpur, suddenly the deceased stopped the lorry as severe chest pain started. Then the cleaner shifted him to Medical College Hospital, Nagpur and later he was died. As the deceased died during the course of employment, the applicants filed application under W.C. claiming compensation.

4. The resp