JUDGMENT :

1. This appeal is directed against the judgment and order dated 09.09.2010 passed by the Commissioner for Workmen’s Compensation, Sub-Division-2, Bijapur in WC No. 103/2009.

2. For the sake of convenience, the parties are referred with their ranks held before the Commissioner for Workmen’s Compensation.

3. The claimants No. 1 and 2 filed claim petition before the Commissioner for Workmen’s Compensation, Bijapur claiming compensation of Rs. 5,00,000/- for the death of Amol Gunda son of claimant No. 1 and husband of claimant No. 2 which according to claimants occurred in the course of his employment. It is stated that the deceased Amol Gunda was working as driver under respondent No. 1 in his auto bearing No. MH-13-G-4327 on a salary of Rs. 8,000/- per month and Bhatta of Rs. 50/- per day. On 21.04.2009 on the instructions of respondent No. 1, the deceased was on duty in the said auto rickshaw. When he was proceeding near Indian Oil Corporation, on Pakani-Mohal road in the night hours, it is alleged that he did not give side to a jeep coming from rear side, therefore, the inmates of the jeep stopped the deceased and assaulted him causing his death. Therefore, the deceased was