Rajiv Sharma, J

This appeal is instituted against the award dated 22.10.2007, rendered by the learned Workmen’s Commissioner, Dharamshala, Distt. Kangra, H.P. in Case No. 5 of 2005.

2. Key facts, necessary for the adjudication of this appeal are that Rakesh Kumar son of Prem Chand was employed by respondent No. 4 as Conductor on truck bearing registration No. HP-39A-0555. Rakesh Kumar died at 6:45 PM on 25.4.2005 when he was travelling in the truck. The truck was going from Shahpur to Kotla on 25.4.2005. FIR was registered against respondent No. 3, driver of the vehicle. The post mortem was got conducted vide PMR No. 47/2005 at Dr. R.P.M. college, Dharamshala. The deceased was earning Rs. 4500/- per month.

3. Respondent No. 3-driver, contested the petition. According to him, the accident has not taken place due his rash and negligent driving. The rest of the contents of the petition were admitted.

4. The appellant-Insurance Company also contested the petition. According to the Insurance Company, the deceased was not a “workman”. The factum of the accident dated 25.4.2005 was denied.

5. The learned Commissioner, Workmen’s Compensation, allowed the petition and awarded compensat