JUDGMENT

Biswanath Rath, J. - This matter involves a judgment in W.C. Case. No.41/1998, passed by the Commissioner for Employees Compensation, Berhampur, Ganjam. In spite of appearance of set of counsels for respondent no.1, nobody attended for hearing. Appeal is heard with involvement of counsel for Appellant only.

2. The background involving the case is that while the deceased-workman working as a driver under the ownerrespondent no.1 herein, coming from Berhampur to Phulbani, feeling uneasiness got down from the Bus and was immediately taken to the Hospital at Bhanjanagar by the owner and some members of the Bus Union and the workman succumbed to injuries in the Hospitals itself. It is on the premises that the husband of the claimant was getting Rs.100/- per day besides fooding allowance etc. and he was 40 years old at the time of accident, when the claim petition was filed, claim was made accordingly.

3. Upon service of notice, the owner and the Insurance Company appeared as O.P.1 and O.P.2. Filing the plea, O.P.1 stated that on 25.9.1997, he allowed the driver to drive the Bus bearing Registration No.AP-5T-3377 from Berhampur to Phulbani and back. It is also admitted that the dri