( 1 ) THIS appeal at the instance of the insurer raises an interesting question of law.

( 2 ) THE applicants/respondents are the heirs and representatives of the Late Budheswar Jha. The said Budheswar Jha was 'khalasi' of the Lorry bearing No. WBI - 7062. The said Lorry met with an accident allegedly owing to the rash and negligent driving on the part of the Driver thereof.

( 3 ) THE said claim application filed by the applicants/respondents was considered on merit and keeping in view the fact that the monthly income of the deceased was Rs. 900/- p. m. only, the learned Tribunal below allowed the said application against the appellant herein on contest against the Insurance Co. and ex-parte herein against the rest holding that they are entitled to a sum of Rs. 1,19,600/- as 'compensation'.

( 4 ) MR. Das, the learned counsel appearing on behalf of the petitioner has raised a short question in support of this application. According to the learned counsel, the deceased having been appointed as 'khalasi' in respect of the said Lorry the amount of compensation payable for his death must be confined to the liability of the owner thereof in terms of the Workmen's Compe