Hon’ble Rajes Kumar, J.—This is an appeal by the Insurance Company challenging the order dated 4.4.2012 passed by the Commissioner Workmen’s Compensation and Assistant Labour Commissioner, Allahabad. The appellant is an insurer of Tanker No. U.P.-65 H/2365.

2. The brief facts of the case are that deceased Kunj Bihari was the driver of Tanker N0. U.P.-65 H/2365. On 17.1.2011 when he was going from Etawah to Auraiya at Bakewar, near Bharthana Chouraha Highway, Police Station Bakewar at 7 O’ clock some bad elements tried to loot the tanker and on the resistance by the driver, he was shot dead and Khalasi Balwant Singh was injured by knife. The deceased Kunj Bihari was admitted in the hospital of Etawah and during treatment, on the same day, he died. Smt. Sumitra Devi, wife of the deceased, filed claim petition under the Workmen’s Compensation Act (hereinafter referred to as the “Act”) claiming that the age of her husband was 45 years and he was getting Rs. 7,000/- per month towards salary and Rs. 100/- towards khoraki. The claim was made for Rs. 11,86,080/-. In the claim petition, the owner of the vehicle Sri Anil Gupta and the appellant were made party. In the written stateme