( 1 ) THESE appeals arise out of a claim preferred by the legal heirs of a workman who died in the course of his employment. M. f. a. no. 1155 of 1992 is preferred by the insurance company disowning their liability whereas m. f. a. no. 1333 of 1992 is preferred by the legal heirs of the deceased workman claiming enhancement.

( 2 ) THE deceased workman was employed as a driver by the employer to drive his vehicle. While he was driving an alwyn nissan vehicle cak 2839 belonging to the employer on 27-1-1989, it was involved in an accident resulting in his death. This fact is admitted. The legal heirs claimed that he was earning wages at Rs. 1,000/- per month and bata at Rs. 20/- per day. Compensation was claimed on the said basis. The claim petition was preferred on 26-7-1989 before the commissioner for workmen's compensation. The claimants claimed a sum of Rs. 3,00,000/- as compensation.

( 3 ) WHILE the employment of the worker was admitted, the main contest was whether the driver was entitled to drive the particular type of vehicle. This contention is raised in this behalf by, of course and as usual, the insurance company. What is contended by them is that the w