This appeal is directed against the judgment and order dated 9.10.85 passed by the Commissioner, Workmen's Compensation, North Tripura, Kailashahar passed in TS (Workmen's Compensation) 2 of 1990 (Agartala) and TS (Workmen's Compensation) 5 of 1984 (Kailashahar) questioning the order and findings of the learned Commissioner in awarding compensation against the appellant and exonerating the insurance company from its liability from his payment of compensation arising out of the contractual liability.

2. The present proceeding was initiated at the instance of the parents of the deceased Bishnupada Sharma who was working as an Assistant/Handyman in a Truck bearing No.TRL 2103 owned by opposite party-respondent No.l. On 15.9.79 while the above truck was proceeding from Guwahati towards Agartala through Assam-Agartala Road with load, the said truck met with an accident at Panitila on Assam-Agartala Road- Shri Bishnupada Sharma, Assistant/Handyman of the said truck died due to injury caused to him as a workman by accident arising out of and in the course of his employment. The legal heirs of the deceased accordingly presented a petition before the Commissioner, Workmen's Compensation pray

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