VALMIKI J. MEHTA, J.

1. This first appeal under Section 30 of the Employee’s Compensation Act, 1923 (hereinafter referred to as „the Act’) is filed by the claimants impugning the judgment of the Employee’s Compensation Commissioner dated 18.12.2015 whereby the claim petition filed by the appellants under Section 22 of the Act was dismissed and wherein compensation was prayed on account of the death of the son of the claimants one Sh. Vipin Kumar.

2. The facts of the case are that the deceased was pleaded to have been employed as a driver at wages Rs.7,000/-per month with the respondent no.1 on the vehicle of the respondent no.1 TSR registration no.DL-01RK-6298. The deceased met with an accident on 6.8.2009 at 2.00 P.M. at Azadpur Fly Over, Delhi when the deceased was working in the course of employment with the respondent no.1. Sh. Vipin Kumar died due to injuries caused by the accident arising out of and in the course of employment. DD No.7A was lodged at Adarsh Nagar, New Delhi and post mortem was conducted in Babu Jagjiwan Ram Hospital, Delhi. Respondent no.1 was proceeded ex-parteand it was only respondent no.2/insurance company which contested the claim petition and fi