( 1 ) THIS miscellaneous first appeal under section 30 (1) (a) of the Workmen's Compensation Act is filed by the insurer, calling in question the correctness of the judgment and award dated 25. 1. 2002 passed in Case No. CWC: cr: 132 of 2001 by the Labour Officer and workmen's Compensation Commissioner, chitradurga (for short 'the Commissioner' ).

( 2 ) RELEVANT facts necessary for determination of this appeal are: one Nagaraja said to be aged 25 years employed by the respondent No. 4 herein, to work as a cleaner in the motor vehicle being a tipper bearing registration No. KA 16-5209 owned by the respondent No. 4 herein, while in the course of employment, sustained grievous injuries in an accident that occurred on 11. 7. 2001 at about 8. 30 p. m. involving a motor vehicle, while he was crossing the road near a dhaba at maderahalli. The deceased Nagaraja, it is claimed, was mowed down by the lorry bearing the registration No. TN 28-4668, driven at a high speed and in a rash and negligent manner. The legal heirs of the deceased Nagaraja, i. e. , respondent Nos. 1 to 3 being the mother, wife and minor son filed an application under section 22 of the workmen's Compe