JUDGMENT :

Satyen Vaidya, J.

This is an appeal by insurer under Section 30 of the Employees Compensation Act, 1923, against award dated 27.07.2012, passed by learned Commissioner, Rampur Bushahr, District Shimla, H.P., in case No. 13-2 of 2012.

2. Respondents No. 1 and 2 (hereinafter referred to as ‘claimants’), filed a petition under Employees Compensation Act (for short ‘The Act’) for grant of compensation on account of death of their son Sh. Ram Krishan. As per claimants, their son was employed by respondent No. 2 Sh. Chet Ram, to drive auto-rickshaw No. HP-50-0523. On 19.05.2006, at about 6:30 PM, the auto-rickshaw driven by Sh. Ram Krishan met with an accident, resulting in death of Sh. Ram Krishan on the spot. The claimants averred that the deceased was being paid salary of Rs. 4,000/- per month by respondent No. 2 Sh. Chet Ram. It was also averred that though the registered owner of auto-rickshaw was respondent No.1 Sh. Baldev, but he had reportedly sold the vehicle to respondent No. 2, Sh. Chet Ram.

3. Since, Sh. Ram Krishan was unmarried, the claimants being his parents preferred the claim.

4. Oriental Insurance Company (for short ‘The insurer’) was impleaded on the ground that