JUDGMENT :

Vaidya, J.

1. The above First Appeal is filed u/s 30 of the Workmen's Compensation Act, 1923. The appellants are the widow and children of one Ratanchand Amienand Gandhi, in respect of whose death on April 15, 1962, they claimed compensation. It was alleged by them that Ratanchand was in the employment of the respondent. On April 15, 1962, the respondent, who owned Motor Truck No. 1203, was, according- to the appellants, driving it with goods loaded in it from Osmanabad to Bhir near Alni Naka within the jurisdiction of the Workman's Compensation Authority at Osmanabad. The truck met with an accident and Ratanchand died instantaneously. The head of Ratanchand was cut from his body. Ratanchand was an expert motor mechanic and was attending the motor truck along with the respondent as a part of his duty. It was also claimed by the appellants that the death was caused to Ratanchand by the accident arising out of and in the course of his employment and hence the respondent was liable to pay the compensation of Rs. 7,000 on the basis of the salary of the deceased Ratanchand at Rs. 125 per month. The application was made by the appellants to the Court of the Civil Judge, Senior D