JUDGMENT :

1. The appellant/insurance company has challenged award dated 14.12.2009 passed by the Commissioner under Workmen’s Compensation Act, 1923 (Assistant Labour Commissioner), Jammu (hereinafter to be referred as the Commissioner), whereby a sum of Rs. 4,30,560/- along with interest at the rate of 12 per cent has been awarded in favour of the claimants/respondent Nos. 1 to 4. The liability of paying the compensation has been fastened upon the appellant/insurance company.

2. It appears that on 20.05.2006, Balwan Singh, the predecessor in interest of the claimants, who was employed with respondent No. 5, owner of the Gas Tanker bearing No. HR-38-J-9707, while driving the said Gas Tanker suffered an accident on reaching Daha Khani, W. No. 5, Keri Bari, District Chitwan (Nepal). As a result of the accident, Balwan Singh died. The accident had arisen out of and in the course of employment of the deceased with respondent No. 5 and at the time of the accident, the offending vehicle was carrying Liquefied Petroleum Gas(LPG) from Baruni Oil Refinery. The deceased was 22 years old at the time of the accident.

3. The claim petition was contested by the owner (respondent No. 5) and the ins