1. Present appellant, being original opponent no.2 in W.C. (F) Case No.32 of 2006 before the learned Workmen’s Compensation Commissioner, Junagadh, has challenged the judgment and award passed in aforesaid case dated 12.04.2007 by preferring this appeal under Section 30 of the Workmen’s Compensation Act, 1923 (in short ‘the Act’).

2. The short facts of the present case are as under:

2.1 As per the averments of the applicants in their petition before the learned Commissioner, the deceased-Bhikhubhai Abubhai was serving as driver with the opponent no.1 since last two years and was getting salary and allowances of Rs.4000/- per month. That, he was a driver of rickshaw, bearing registration No.GJ-1-XX-3124. That, there was relationship of the deceased with opponent no.1 as employee and employer. That, the insurance of the rickshaw, owned by the opponent no.1, was insured with the opponent no.2. That, on 30.03.2006, the deceased-Bhikhubhai was on duty, at about 10.30 a.m. in the morning, he was coming from Dolatpura – Junagadh railway station, at that time, just opposite to Majevdi Police Chawki, rickshaw, bearing registration no.GJ-1-XX-3124, driven by the deceased, suddenly, a