VALMIKI J. MEHTA, J.

FAO No. 392/2016 & C.M. Nos. 29625/2016 (for stay) and 7408/2017 (under Order XLI Rule 27 CPC)

1. This first appeal under Section 30 of the Employees Compensation Act, 1923 is filed by the insurance company, respondent no.2 before the Employees Compensation Commissioner below, impugning the judgment of the Employees Compensation Commissioner dated 16.5.2016 by which the Employees Compensation Commissioner has allowed the claim petition filed by the respondent nos. 1 and 2/claimants, legal heirs of the deceased Sh. Sunny Sharma. Respondent nos. 1 and 2/claimants have been awarded an amount of Rs.9,01,000/- along with interest at 12% per annum from 29.5.2012 i.e 30 days after the date of the accident.

2. The facts of the case are that the subject claim petition was filed by the respondent nos. 1 and 2 herein pleading that the deceased Sh. Sunny Sharma was employed as a driver with the respondent no.3 herein, respondent no.1 before the Employees Compensation Commissioner, for the vehicle of the respondent no.3/Sh. Anil Bhati bearing no. DL-2W-3365 (Gramin Sewa). It was pleaded on 28.4.2012 when the deceased was on duty with the vehicle then in the meantime