ORDER :

(Nupur Bhati, J.) :

1. By way of the present misc. appeal, the appellant-Insurance Company challenges the mendacity of the judgment/award dated 18.01.2012 passed by the Workmen’s Compensation Commissioner, Chittorgarh in Case No.WCC/F/51/09 whereby the appellant-Insurance Company has been held liable to make payment of compensation to the tune of Rs.3,42,810/-to the respondents Nos.1 to 6.

2. The factual matrix of the case is that respondents Nos.1 to 6 filed a claim petition under the Workmen’s Compensation Act, 1923 (‘the Act of 1923’) before the Workmen’s Compensation Commissioner, Chittorgarh (‘the Commissioner’) against the appellant-Insurance Company and respondents Nos.7 and 8 inter alia stating therein that on 20.02.2009 at 5.00 AM, respondent No.7 (driver of the tractor bearing registration No.RJ-09-RA-3233), was moving from Makanpura to Bharbada for loading sand/ soil and Narain (since deceased) was sitting on the tractor as labourer but due to rash and negligent driving of respondent No.7, Narain fell down and came under the wheel of the tractor, resulting in his death on the spot. The deceased was allegedly 16 years of age at the time of incident and used to earn