JUDGMENT :

1. Heard Shri. S.K. Mehrotra, learned counsel for the appellant and Shri Pawan Giri, Advocate holding brief of Shri B.N. Pathak, learned counsel for the respondent.

2. This appeal has been filed against judgement and award dated 31.05.2014 passed by Workmen's Compensation Commissioner/ Assistant Labour Commissioner, Bulandshahr in E.C.A Case No. 24 of 2011 (Smt. Shakuntla Devi and another Vs. Veerpal Singh and another) by which the learned Commissioner has compensation of Rs. 4,42,740/- along-with 12% simple interest from the date of filing of the petition.

3. Before the learned Commissioner an application was given under Section 3/4 Workmen Compensation Act (Employee Compensation Act), 1923, stating that the son of the claimant Naresh Kumar Sharma, aged about 22 years was employed as conductor/cleaner on TATA LPT No. U.P 75-A/4115 and he was given a salary of Rs. 4,000/-per month with Rs. 50 per day for diet. The accident took place on 24.01.2009, when as per direction of the vehicle owner the deceased after loading vegetables on the said vehicle was going to Noida with the driver Bhanu Prakash. The vehicle reached in between Kasna-Tuglakpur, some noise started coming from