JUDGMENT :

P.K. Misra, J. - The Insurer has filed this appeal u/s 30 of the Workmen's Compensation Act (hereinafter referred to as the "Act") challenging the judgment of the Workmen's Compensation Commissioner and Addl. District Magistrate, Mayurbhanj, Baripada (hereinafter referred to as the "Commissioner") in W.C. Case No. 19 of 1994.

2. The claimants are the legal representatives of deceased Manmohan Ray who was alleged to be working as a driver under present respondent No. 7 in respect of Truck bearing number OSU 5529. It was stated that the said driver sustained severe bodily injuries on May 25, 1994 on account of an accident arising out of and in course of employment. The injuries resulted in death soon after the accident.

3. The owner of the truck filed written statement admitting the fact of accident and employment of the deceased as driver, but stated that the deceased was not getting Rs. 1500/- but was getting Rs. 1200/- per month towards salary. It was further pleaded that the liability, if any, should be borne by the Insurance Company. The Insurer in its written statement generally denied the allegations made in the claim application and called upon the claimants/owner to