Hon’ble Saumitra Dayal Singh, J.—This appeal has been filed by the insurer against the award dated 19.8.2014 passed by the Commissioner, Workmen’s Compensation/Deputy Labour Commissioner, Lohiya Nagar, Ghaziabad (hereinafter referred to as the Commissioner) in W.C.A. Case No. 280 of 2009 arising out of the accidental death of Zafaryab @ Zafar while he was driving a truck bearing registration No. HR 38 M - 3533 insured by the present appellant. The said claim has been allowed and the Commissioner, Workmen’s Compensation has awarded Rs. 3,68,340/- to the claimant-respondents. Learned counsel for the appellant has pressed this appeal on the following substantial questions of law :

“1. Whether in the absence of any evidence in regard to relationship of employer and employee between the owner of vehicle in question and the claimant, the claim petition was maintainable before Workmen’s Compensation Commissioner?

2. Whether in view of Section 21 of W.C. Act the claim petition in Ghaziabad Court was maintainable?

3. Whether without framing proper issues as provided Under Rule 28 of the rules framed in the W.C. Act and without giving specific finding on the point of employment and c