Vishnu Chandra Gupta, J.

1. This appeal under Section 30 of the Employee's Compensation Act, 1923 (hereinafter referred to as 'the EC Act') has been filed against the judgment and award dated 22.09.2010 passed by Workman Compensation Commissioner and Deputy Labour Commissioner, Lucknow Region, Lucknow (hereinafter referred to as 'the Commissioner') in WCP No. 33 of 2008, whereby the Commissioner has awarded compensation of Rs. 3,98,800/- to the claimant Smt. Asha Pachauri on account of death of his son Praveen Pachauri, who died in a mother accident occurred on 18.08.2008 at about 5: 30 a.m., when the deceased was driving auto rickshaw under the employment of respondent no. 2 Neeraj Pachauri, the bother of the deceased.

2. The brief facts for deciding this first appeal from order are that respondent no. 2 Neeraj Pachauri owned an auto rickshaw having Registration No. UP 32-BN 7074. According to him, the auto rickshaw was driven by him in day time and the same was given to the deceased to be driven in between 7: 00 p.m. to 8: 30 a.m. on payment of Rs. 4000/- per month. The deceased was unmarried. The claimant Smt. Asha Pachauri, who is the mother of the deceased Praveen Pachau