S.N. Satyanarayana, J.

The second respondent-insurer in WCA No. 81/2009 on the file of Commissioner for Workmen's Compensation, Bijapur, has come up in this appeal impugning the judgment and award dated 15-4-2010 passed therein.

2. Brief facts leading to this appeal are that,-

Husband of claimant No. 1 and father of claimant No. 2 and son of claimant Nos.3 and 4 namely, Motilal alias Motiram Chavan who was working as driver in Tractor bearing registration No. MH-10-9475 belonging to respondent No.1 in the said proceeding met with an accident on 7-4-2009 at about 12.30. While he was driving the said vehicle towards District Primary Health Centre of Rathnagiri situated near Wandri, he stopped the vehicle for drinking water, during which time, a stone fell down on his head resulting in his death on the same day at about 2.00 p.m. Hence, claim petition was filed seeking compensation for his death on the premise that his death has occurred in the course of his employment with the first respondent as driver of tractor bearing registration No. MH-10/9475. In the proceedings before the Commissioner, after conducting enquiry, by recording the evidence of both the parties, the claim p