P.P. Naolekar, J.

1. On 8.11-1997, in an accident one Harilal Mazumdar, husband of the claimant (respondent herein) died on the spot. He was the employee of the owner of the truck at the relevant time. The wife preferred a claim petition before the Commissioner of Workmen's Compensation, Nagaon against the owner of the vehicle and the Insurance Company was also made a party to the proceedings. The Commissioner of Workmen's Compensation had held that the accident occurred during, the course of and arisen out of the employment. The deceased was the employee of the owner of the vehicle and at the relevant time, the appellant Insurance Company has insured the truck, which had met with an accident as a result of which the claimant's husband had died. After consideration of the wages and the age of the deceased the Commissioner of Workmen's Compensation has awarded Rs.1,92,140.00 with interest @ 12% per annum amounting to Rs.2,38,067.66 as compensation for the death of the husband of the claimant. Aggrieved by the award, the present appeal is filed by the Insurance Company.

2. It is contended by the learned counsel for the Insurance Company that under Section 147 of the Motor Vehic