The First Appeal No. 115 of 1997, preferred by the National Insurance Company Ltd is directed against the judgment and award dated 11.3.97 passed by the learned Commissioner, Workmen's Compensation, West Tripura, Agartala in case No. TS (W/C) 29 of 1994 upon a claim petition under the Workmen's Compensation Act, 1923 (hereinafter referred to as the e Act) awarding compensation to the claimants under the said Act. The claimants also made a cross objection against the said judgment and award against the insurance company. Both the matters were taken up together for hearing.

2. Broad facts are cited herein below :

The deceased Ajit Gope was the son of the claimant No.2, Smti Sushama Gope and husband of the claimant No. 1, Smti Sabita Gope. Ajit Gope was a driver of a Truck bearing No. TRL 3974 owned by Shri Amalendu Saha, opposite party No. 1 in the claim petition. On, 7.5.93 deceased Ajit Gope was sent on duty from Khowai to Guwahati along with PW 2, Shri Pradip Ghosh who happened to be the Assistant to Ajit Gope. In the morning of 10.5.93, Ajit Gope and Shri Pradip Ghosh started from Guwahati towards Khowai and reached Patharkandi of Cachar District (Assam). Due to