JUDGMENT :

S.G. DIGE, J.

1. Being aggrieved and dissatisfied by the judgment and award passed by the Commissioner for Workmen’s Compensation and Judge, Labour Court, Latur in WCA No. 33/2003, the appellants-original claimants preferred this Appeal for enhancement of amount of compensation.

Brief facts of the case are as under:

2. On 31st January, 2003, when the deceased Parmeshwar was driving the vehicle at about 6.00 a.m. at the relevant time the truck coming from the opposite direction gave dash to the truck driven by the deceased Parmeshwar. Due to said accident, he died on the spot.

3. As the accident was occurred during the course of employment, hence, the claimants filed petition for claiming the compensation before the Commissioner for Workmen’s Compensation and Judge, Labour Court, Latur [for short ‘the trial Court’]. Considering the evidence on record and after hearing the parties, learned trial Court has awarded the compensation. Against the said judgment and order, this appeal.

4. It is the contention of the learned counsel for the appellants that the trial Court has not p