M.Y. Eqbal, J.

1. This appeal by the appellant-Insurance Company is directed against the judgment and award dated 16.9.2003 passed by Presiding Officer, Labour Court, Hazaribagh in W.C. Case No. 6 of 2002 whereby a sum of rupees three lacs has been awarded by way of compensation on account of death of the deceased.

2. The facts of the case lie in a narrow compass:

The claimants filed an application for grant of compensation stating inter alia, that her son, Karu Kisku was employed as khalasi under the respondent, Jai Kumar Singh, owner of the Bus bearing registration No. BR-20P-0096 and he was getting Rs. 3000/- as monthly wages and Rs. 25/-for fooding per day. On 2.2.2002 as usual, her son, Karu Kisku was attending his duty as khalasi on the instruction of the employer he was guarding the valuable luggage of the passengers on the roof of the Bus and when the Bus reached in the village, Budhiadih, due to rash negligence driving of the Bus by the driver, the deceased fell down form the roof of the Bus and received serious injury. Claimants

further case was that one Pandu Kisku, the brother of the deceased was also making journey from the same Bus as passenger. He brought the in