1. Sh. Shabir Ahmad Khanday-son of petitioner No.1 and brother of petitioner Nos. 2 to 5, driving loaded truck No.JK-03/8373 owned by the respondent No.1 met a fatal accident on 9th of July, 2007 at Cafeteria More, Ramban. The truck due to mechanical defect rolled down deep into River Chenab resulting in death of its driver-Shabir Ahmad Khanday as also conductor of the truck-Sh. Ashfaq Ahmad. The petitioners on 01.12.2007 approached Commissioner under Workmans Compensation Act (Assistant Labour Commissioner, Sringar), with an application under Section 22 of the Workmans Compensation Act claiming therein that the deceased-Shabir Ahmad Khanday was an employee of the respondent No.1 and that his death arose out of his employment and that the petitioners were entitled to receive compensation from the respondent No.2Insurance Company, who had indemnified the respondent No.1 against any third party claim in the event of any accident to the insured vehicle. The petitioners asked for an amount of Rs.60,00,000/- as compensation with interest at the prevalent bank rates from the date of accident to the date of payment. The petitioners also prayed for adequate compensation on account of menta

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