Saral Srivastava, J.

Heard Sri Saurabh Srivastava, learned counsel for the appellant and Sri Atul Sharma, learned counsel for the respondents.

2. The present appeal is directed against the judgment and order dated 23.06.2011 passed by the Commissioner Employee's Compensation Act, 1923/Assistant Labour Commissioner, Kanpur Region, Kanpur whereby, Commissioner has awarded Rs. 2,98,849/-along with 6% interest as compensation to the respondent nos. 1 and 2.

3. Respondent no.3, the owner of the truck No. BR-13-P-6339 (hereinafter referred to as 'offending vehicle') did not appear despite service of notice by registered post. Therefore, the appeal is being proceeded ex-parte against him.

4. The brief facts giving rise to the present appeal are that one Vikas Tiwari was employed as driver on the truck No. U.P.78-T-0227 (hereinafter referred to as 'truck') and was paid Rs. 2,000/- as salary and Rs.70/- per day towards daily diet. Vikas Tiwari on the instruction of respondent no.3 (owner of the truck) was driving the truck to Ranchi. When he reached Ranchi, he parked the truck to collect builty, and in the process, he was hit by offending vehicle at about 8.30 am on 11.04.2011. As a r