Rajiv Sharma, J.

This appeal is instituted against the order dated 23/9/2014, rendered by the learned Commissioner, Employees’ Compensation, Solan, H.P. in WCA Petition No. 26/2 of 2011.

2. Key facts, necessary for the adjudication of this appeal are that the appellant has filed petition to claim compensation under Workmen Compensation Act 1923 (hereinafter referred to as the Act) against respondent No. 1-owner of the tanker and respondent No. 2, being Insurance Company. The petitioner’s son, namely, Sanjeev Kumar was working as driver with respondent No.1. He used to drive tanker in the year 2001. On 10.8.2001, he had gone to Ambala at Indian Oil Corporation Ltd.. He suffered heart attack due to heavy exertion. He died on the spot in the vehicle itself. The petitioner was fully dependant on the deceased. The monthly wages of the deceased were Rs. 3000/- per month. He was also paid Rs. 80/- per day as daily allowance. Thus, his monthly total wages were Rs. 5400/-. His age was 27 years.

3. The claim petition was resisted by respondent No. 1. Respondent No. 1 denied that the deceased was working with him as driver. The Insurance Company also contested the petition. According to