S.G. Shah, J.

The appellants herein are original claimants before the labour court and Commissioner under Workmen's Compensation Act, 1923 at Himmatnagar in W.C. Case No.168 of 1996 (Old No.378 of 1993) claiming Rs. 86,764/- towards compensation for the death of Shankerbhai Kavabhai Katara.

2. The case of the appellants claimants before the Commissioner was to the effect that on 24.4.1991 when deceased victim was called for loading stones from quarry into truck No.GRN6025, because of accident while loading heavy stones in the truck, he received serious injuries which resulted into his death because of heavy bleeding. The appellants have claimed that deceased was getting Rs. 140/- per day and in all Rs. 1,000/- in a month considering total number of truck load being loaded and, therefore, claimed compensation from the owner of the truck and its insurance company. However, pending trial, claimants have let-go their claim so far as penalty is concerned, by filing a Pursis to that effect on 28.11.2003 at Exh.44.

3. Such claim petition was resisted by the respondents opponents being owner and insurer of the vehicle in the accident. The sum and substance of the respondents is to the