Shylendar Kumar, J.

1. Theappeal has come up for orders regarding application for condonation of delay in this appeal.

2. There is a small delay of 22 days which was not objected to by Sri Patel D. Karegowda, learned counsel for the respondents 1 to 7.

3. Accepting the explanation offered in the affidavit accompanying the application, we allow IA No.II of 2006 for condonation of delay.

4. We have taken up the matter for admission with the consent of learned counsel for the parties.

5. An employee who was working as a driver it appears died while he was working as a ‘driver’ sitting in the cabin of the vehicle. The dependents had filed a petition under section 4 of the Workmen’s Compensation Act, 1923 (for short ‘the Act’) before the Commissioner seeking for compensation due to the death of their breadwinner while working.

6. while the employer blissfully remained absent, the insure company who had given the cover to the employer took up the stand of the claimants being not entitled to claim relief for the reason that the death of their breadwinner was not necessarily due to stress and strain attributable to the nature of the employment, but may be in the normal course.

7.