1. - This is a Section 30 of the Workman's (now Employee's) Compensation Act, 1923 (hereinafter 'the Act of 1923') appeal. The appellant-Insurance Company is aggrieved by the judgment dated 30.04.2004, passed by the Workman's (now Employee's) Compensation Commissioner, Dholpur (hereinafter 'the Commissioner') where under the respondents-claimants Nos.1 to 4 (hereinafter 'the claimants') have been awarded a sum of Rs. 2,62,158/- along with interest @ 12% p.a. from the date of accident i.e. 16.04.2003 till the date of payment for the death of one Munni alleged to be an employee of Lembar Singh, respondent-owner of the insured tractor No.UP-82/B1580 insured with the appellant-Insurance Company.

2. The case of the appellant-Insurance Company is that it could not have been held liable to pay the aforesaid compensation for the reason that the deceased Munni was admittedly not the driver of the tractor insured with it. Counsel submitted that in terms of insurance policy dated 21.09.2002 (Ex-NA/1) issued in favour of Lembar Singh, owner of the tractor, the sitting capacity of the tractor was zero. Counsel also drew the attention of this Court to Ex-5 which was the registration cert