JUDGMENT :

By way of instant appeal, the appellant has assailed award dated 09.08.2012 passed by learned Commissioner under the Employee’s Compensation Act, Rampur Bushehr, District Shimla, H.P. in case No.5 of 2008/32-2 of 2012.

2. Brief facts necessary for adjudication of the appeal are that respondents No.1 to 4 herein (hereinafter referred to as “claimants”) filed application for grant of compensation under the Employee’s Compensation Act, 1923 (for short ‘Act’) on account of death of Sh. Tota Ram in a road accident. The claimants were the legal heirs of deceased Sh. Tota Ram, who was employed as driver of vehicle No. HR-37B-2597 owned by respondent No.5 herein (hereinafter referred to as “owner”. The vehicle was insured with the appellant herein (hereinafter referred to as the “insurer”). It was alleged that Sh. Tota Ram had died in the course of his employment with the owner while driving the vehicle of the owner on his instructions. The monthly salary of the deceased was alleged to be Rs.5,000/-. It was also claimed that deceased was getting Rs.100/- per day as subsistence