JUDGMENT :

R.D. DHANUKA, J.

1. By this First Appeal filed by the appellants under section 30 of the Workmen's Compensation Act, 1923 the appellants (original applicants) have impugned part of the judgment and award dated 12th October, 2012 passed by the learned Commissioner for Workmen's Compensation and Judge, 4th Labour Court, Mumbai.

2. The application filed by the appellants for compensation is rejected against the respondent no. 2 i.e. I.C.I.C.I. Lombard General Insurance Company Limited. Claim for interest made by the appellants has not been awarded from the date of accident but has been awarded interest from the date of judgment and award dated 12th October, 2012 till the date of final realization of the entire compensation amount. By consent of the appellants and the respondent no. 2, the First Appeal is decided finally at the admission stage. Some of the relevant facts for the purpose of deciding this appeal are as under.

3. It was the case of the appellants that their son Sunil Gangaram Doiphode was mainly employed with the respondent no. 1 since 2008 in the capacity of a motor dumper driver and was paid monthly salary of Rs. 9,000/- per month excluding other allowances. On 10th July, 2010, as per the orders and directions of the respondent no. 1, the said Sunil G. Doiphode loaded the rabbet in the dumper bearing Registration No. MF-04-EB-7880 at Jawahar Nagar, Goregaon, Mumbai and unloaded the same in the business premises of the respondent no. 1 at Vasant Vihar Society, Sarojini Naidu Road, Opposite B.M.C. Office, Kandivali (West), Mumbai. The said Sunil Doiphode reached at about 13.45 hours at the said premises and unloaded the said material. After unloading the said material, the said Sunil Doiphode was getting down from the driver's cabin from cleaner's side of the dumper, as there was no room or gap near the door of driver side. While doing so, due to the dumper the live wire cut off and fell down on the dumper and the said driver received electric shock and fail down and become unconscious on the spot. He subsequently died in the Bhagwati Hospital before admission (Hereinafter referred to as the said deceased).

4. The appellants being parents and legal heirs of the said deceased filed an application for compensation before the learned Commissioner for Workmen's Compensation and Judge, 4th Labour Court, Mumbai bearing Application (WCA) No. 726/B-115 of 2010 against the respondent no. 1 i.e. the employer and the respondent no. 2 being insurer of the said vehicle which was driven by the said deceased during the course of his employment. The claim was made in the sum of Rs. 8,95,840/- with interest thereon at 12% p.a. from the date of accident i.e. 10th July, 2020 till realization of the entire amount. The respondent no. 1 employer neither appeared nor filed any written statement opposing the said application filed by the appellants. The respondent no. 2 (insurer) filed a written statement before the Trial Court opposing the said claim on various grounds.

5. Learned Trial Court framed three issues for determination. The appellant no. 1, father of the said deceased examined himself. He filed affidavit in lieu of examination in chief on 26th April, 2005 and deposed as to how the said deceased died on 10th July, 2012 while on duty in an accident arising out of and during the course of his employment with the respondent no. 1. The said witness also deposed that the said deceased was employed with the respondent no. 1 and was being paid salary in the sum of Rs. 9,000/- p.m. and other allowances by the employer. The said witness was cross-examined by the respondent no. 2. The appellants also examined Shrikant Mohan Sontakke who was a cleaner. The said witness was also cross-examined by the respondent no. 2.

6. The respondent no. 2 did not examine any witness before the Trial Court. Learned Trial Court passed a judgment and award dated 12th October, 2012 thereby allowing the application filed by the appellants partly. The Trial