1. This is an appeal under Section 30 of the Workmen™s Compensation Act, 1923 (hereinafter referred to as the Act) against the award dated 07.09.1995 passed by Commissioner, Workmen™s Compensation Act, Labour Commissioner, J&K, Jammu (hereinafter referred to as the Commissioner) by virtue of which he has awarded an amount of Rs.77,856/- as compensation in favour of the legal representatives of Mohan Singh.

2. The relevant facts for the disposal of this appeal are that deceased Mohan Singh was working as driver with non-applicant No.1 Amar Singh who was the owner of the vehicle No.1387-JKS. On 19.05.1994, during the course of his employment with non-applicant No.1 deceased Mohan Singh left for Srinagar, after loading his truck and on his way, the deceased fell ill and asked his cleaner to drive his vehicle. On 20.05.1994 at about 4 A.M. when vehicle reached near Awantipora (Kashmir), some army personnel stopped the vehicle and asked the persons sitting inside the vehicle to come down. Driver Mohan Singh was not feeling well, he took some time to come down from the vehicle, which infuriated the army personnel who have given severe beating to the deceased driver and when he tried to ar

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