Heard.

2. This appeal is directed against the judgment and order dated 21.2.2013 passed by Labour Court, Wardha in WCA No. 1/2011. The appellants are the original applicants, who had filed an application under Section 22(2) of the Employees Compensation Act, 1923 for determination of amount of compensation payable to them for the accidental death of their son, Suresh, during the course of the employment. Respondent no. 1, the insurance company is the original non-applicant no. 2 and respondent no. 2, the employer of deceased Suresh Tiwade is the original non-applicant no. 1.

3. The appellants claimed that death of Suresh Tiwade, who was the driver employed on the truck bearing registration no. MH-32-B-4685 owned by respondent no. 2 and insured with respondent no. 1, occurred on 17-11-2010 during the course and from out of the employment. Therefore, they filed an application before the Labour Court for determination of compensation payable to them.

4. Respondent no. 2 resisted the application by denying the fact that deceased Suresh Tiwade was an employed by him as a driver on the truck. However, it was admitted by him that the truck was insured with respondent no. 1.

5. Res