JUDGMENT :

Anoop Kumar Dhand, J.

1. Feeling aggrieved by the impugned judgment and award dated 05.02.2016 passed by the Court of learned Commissioner Workmen's Compensation, Sikar (Raj.) [for short 'the learned Commissioner'] in Case No. WCCF 09/2012, both the Insurance Company as well as the claimants have preferred the instant appeals, hence the same are being decided by this common judgment.

2. Brief facts of the case are that the claimants have filed a claim petition under the provisions of Workmen's Compensation Act, 1923 before the Court of Employees' Compensation Commissioner, Sikar claiming compensation on account of the loss suffered by them due to death of Bhanwarlal who died in an accident occurred on 13.10.2011. It was further stated in the claim petition that the death of the deceased occurred in the capacity of the driver during the course of employment of the non-claimant Ramdevaram. It was also pleaded that at the time of accident, the age of the deceased was 35 years and he was earning Rs. 8,000/- per month.

3. The owner of the vehicle filed reply to the claim petition in which the employment of the deceased was admitted. The appellant-Insurance Company filed the reply