Rajiv Sharma, J.

This appeal is instituted against the award dated 31.8.2013 rendered by the Commissioner under Employee’s Compensation Act, 1923, Karsog in W.C. Pet. No. 2 of 2011.

2. “Key facts” necessary for the adjudication of this appeal are that respondent Nos. 1 and 2 instituted a petition for the grant of compensation under section 22 of the Workmen Compensation Act against the appellant as well as respondent No.3- Paras Ram Bansal. Respondent No.1 is the mother of deceased Prem Singh and respondent No.2 is the father of deceased Prem Singh. Prem Singh was deployed as a Driver of ill-fated truck of respondent No.3. The truck met with an accident on 22.12.2009 at 11.30 P.M. Prem Singh died on the spot. The post-mortem was conducted at C.H. Karsog. FIR was registered. Prem Singh was 21 years old at the time of accident. His salary was Rs. 4,500/- per month and despite that he was also paid a sum of Rs. 120/- as daily diet money by respondent No.3. Thus, his salary was Rs. 4500+3600 = Rs.8,100/- per month.

3. Petition was contested by the owner of the truck. He has admitted that deceased Prem Singh was employed as a Driver. The accident was caused due to mechanical defect