RAKESH KUMAR GARG, J.

1. As per the facts, which emerge out from the impugned award, one Gurmail Singh died on 15.02.2008 while working as a Driver on tractor-trolley bearing registration No. HR-02H-7454 owned by Jamail Singh, late husband of the appellant. Respondents No. 2 to 5, i.e. LRs of Gurmail Singh, filed an application under the provisions of Workmen's Compensation Act, 1923 before the Competent Authority for grant of compensation on account of death of the aforesaid workman, alleging that he had died during the course of his employment with the appellant. Appellant admitted the fact that Gurmail Singh died during the course of his employment as a Driver of the tractor in question owned by her late husband. However, it was averred that the said tractor was fully insured with respondent No. 1 and liability to pay compensation was of the said respondent.

2. Respondent-Insurance Company denied its liability to pay on the ground that neither the workman was working as a Driver nor any such accident took place and the petition was liable to be dismissed for want of requisite notice.

3. The Commissioner, Ambala under the Workmen's Compensation Act, 1923, vide impugned awa