JUDGMENT :

(Prayer: Civil Miscellaneous Appeal filed under Section 30 (1) of the Employees Compensation Act, 1923, against the award and decree dated 11.12.2017 made in W.C.No.360 of 2016 on the file of the Commissioner, Workmen’s Compensation Tribunal, DCL, Coonoor.)

1. The award and decree dated 11.12.2017 made in W.C.No.360 of 2016, is under challenge in the present civil miscellaneous appeal.

2. The National Insurance Company Limited is the appellant and the second opposite party in the claim petition. The respondents who are all the legal heirs of the deceased, filed an application under Workmen Compensation Act seeking compensation on the ground that on 11.12.2011 at about 4.30 a.m., in order to execute the instructions of the fourth respondent R.Varadharaj, the deceased loaded the bus gear box in Mahindra Jeep bearing Registration No.TN 28 U 1690 and driving the same from Coimbatore to Sangagiri via Bavani-Salem Main Road. The said Mahindra Jeep met with an accident by dashing in a Tamarind Tree and the deceased Kumar sustained fatal injuries and thereafter died on 08.10.2012. It is contended that the owner of the Mahindra Jeep is none other than the father of the deceased R.Va