JUDGMENT :

Kaushal Jayendra Thaker, J.

1. Heard learned counsel for the appellant. None present for the respondents.

2. This is one more classic case where insurance company has challenged meagre amount granted to heir of deceased employee a truck driver for accident which occurred on 13.04.1990. Accident having taken place and causing death of employee and compensation awarded is not in dispute.

3. The appellant has challenged the order dated 07.10.1992 of the Workmans Compensation Commissioner, Etwah under Workman Compensation Act, 1923 (referred as ‘Act’) whereby compensation of Rs.69,984.60/-has been awarded to claimant/respondent for death of her husband who was a driver and employed by respondent no. 7 and 8 herein passed away due to employment injuries.

4. The Insurance Co. has contended that the deceased was not in employment of the appellant and therefore the appellant company could not have been made liable for payment of penalty, as the provisions of Act does not saddle them with liability. It is further submitted that no issue were framed by the Commissioner before deciding the matter and the owner did not raise any demand

5. The submission of learned counsel for Insuran