1. - The present appeal is directed against the judgment and award dated 30.6.2011 passed by the learned Workmen Compensation Commissioner in WC Case No.5/2009 whereby the learned Workmen Compensation Commissioner has awarded compensation of Rs. 3,95,120/- to the respondents - claimants.

2. The deceased employee Om Prakash was working as driver under the employment of respondent No.6. While driving the vehicle No.RJ19/1G/8190 of respondent No.6, he met with an accident on 17.10.2004 and died.

3. The only ground raised by the appellant - Insurance Company against the award of the Workmen Compensation Commissioner on 30.6.2011 in claim case No.5/2009 is that the claimants Bhanwari Devi and ors., legal representatives of deceased Om Prakash, employee had approached the learned Motor Accident Claims Tribunal vide Motor Claim Case No.19/2008- under Section 163A of the Motor Vehicles Act, which came to be dismissed as not maintainable vide order dated 25.11.2008 and the learned Tribunal held that the said claim was not maintainable since the income of the deceased - employee was more than Rs. 40,000/- per annum, cut off prescribed in the Second Schedule to the said Act. Therefore,