1. The Insurance Company has challenged the Award passed by the Accident Claims Tribunal granting compensation to the respondent claimant.

2. One Shiv Shanker, the Driver of the Tractor No. B.R.-24/8408 was moving along Kutchi road by the side of the canal but due to heavy load on the tractor the same suddenly fell in the canal causing fatal injury to the Driver, who subsequently succumbed to the injury.

3. The Tribunal on the basis of evidence on record has concluded that as said Shiv Shanker died in course of employment as Driver, his heirs were entitled to get the compensation.

4. The owner of the tractor admitted that the death of Shiv Shanker was in course of employment and also asserted that he used to pay extra premium to the Insurance Company to cover the risk of the Driver also.

5. The appellant Company, however, in its written statement denied the factum of accident and cause of death but admitted the existence of coverage of policy issued by the Company. It was contended that neither the deceased was the Driver of the tractor nor he had any licence. He was not getting any salary because the deceased Shiv Shanker was the son of the insured himself. It was contende