VALMIKI J MEHTA, J.

1. This first appeal is filed u/s 30 of the Employees' Compensation Act 1923 (hereinafter referred to as 'the Act') against the impugned order of the Commissioner dated 17.5.2010 by which the Commissioner allowed the claim petition filed by the respondent Nos. 1 and 2 herein (mother and wife of the deceased employee). Appellant/Insurance Company was the respondent No. 3 before the Commissioner, and on deletion of the respondent No. 3 it became the respondent No. 2. The facts of the case are that the deceased Sh. Dalip Kumar, aged 25 years was employed as a driver for driving the tempo bearing No. DL-ILE-2777 Tata 407 owned by the respondent No. 3 herein (respondent No. 1 before the Commissioner). The deceased Sh. Dalip Kumar on the directions of the employer on 9.7.2008 at about 8.00 p.m. left to fill the vehicle with gas from the godown of M/s. Uttam Special Gases Pvt. Ltd, A-61, Okhla Industrial Area, Phase-II, New Delhi and reached there at about 9.30 p.m. The deceased Dalip Kumar parked the vehicle because the gas was to be filled at about 5.30 a.m. and he set the cylinder for filling the gas in the morning at 5.30 a.m. In the godown of the company