Mridula Bhatkar, J.

Rule. By consent of the parties, rule made returnable forthwith and heard finally.

2. In this appeal, the judgment and award dated 31.7.2013 passed by the learned Commissioner for Workmen's Compensation, Kolhapur, in Application (WCA) No. 25/B-5 of 2009 is challenged by the insurance company.

BACKGROUND :

3. The deceased Adhik Patil, aged 31 years old, was working as a driver on a tractor bearing No. MH-13J 8502 when the accident took place i.e., on 24.1.2004. The tractor belonged to one Vishwas Sadashiv Yadav, Respondent No.5, with whom the deceased was working as a driver. The deceased was proceeding in the tractor from Nigdi towards village Tawade, Taluka Shahuwadi, loaded with sugarcane. While taking U-turn, one unknown truck coming from the opposite side gave dash to the tractor. The tractor was upturned and the driver i.e., the deceased, died due to the injuries SO his dependents i.e., his widow, his minor daughter and parents filed claim under the Workmen's Compensation Act, 1923, as the deceased was in the employment of respondent No.5 and he was getting a salary of Rs.3,000/- per months plus Rs.1,500/- towards bhatta. In the said matter, the employer