( 1 ) HEARD Sri Tanveer Alam Khan, learned counsel for the appellant and Sri R. P. Nautiyal, learned counsel for the respondents.

( 2 ) THIS is an appeal against the judgment and award dated October 13, 2004, passed by workmen's Compensation Commissioner, chamoli in W. C. C. No. 9 of 2002/2003. Smt. Sudesh Kaur v. New India Assurance company Limited and another.

( 3 ) BRIEFLY stated, Smt. Kusumlata, wife of Basudev Singh, R/o Village Jhirkoti, patwari Circle-Gauchar, tehsilkaranaprayag, district Chamoli filed an application on July 4, 2003, for grant of compensation with the allegations that on december 23, 2002 at about 6-7 p. m. accident had taken place of the jeep, which was being driven by Basudev Singh due to which Basudev Singh died on the spot. At the time of accident, he was aged about 27 years and was getting a salary of Rs. 3,000 per month and a sum of Rs. 50 per day for fooding and lodging. The claimant has claimed a sum of Rs. 8,30,000 as compensation.

( 4 ) THE written statement was filed on behalf of the New India Assurance Company denying averments made in the petition and it was stated that the deceased Basudev Singh was the owner of the Jeep No. U