This appeal, under Section 30 of Workmen’s Compensation Act, 1923, has been preferred by the United India Insurance Co., Ltd. i.e. insurer of offending vehicle no. U.P. 07A/9487, against the judgment and order dated 18-04-2007 passed by Workmen’s Compenstion Commissioner / District Magistrate, Tehri Garhwal, in W.C. Case No. 16/2006, Smt. Prakashi Devi versus Sri Ramesh Sethi and another.

2. The claimant- Smt. Prakashi Devi filed a claim petition before the Workmen’s Compensation Commissioner for grant of compensation in lieu of death of her son in a motor vehicle accident alleging therein that her son Vinod Kumar was employed as a driver in the offending vehicle Truck No. U.P. 07A-9487 owned by opposite party no. 1 and he died in an accident arising out or and in the course of his employment on 27-02-2003. It has also been alleged that deceased was 28 years of age at the time of his death and was getting a salary of Rs.3000/- per month.

3. Opposite party no. 1 owner of vehicle contested the claim petition by filing his written statement. He has admitted the factum of death of deceased in the accident on 27-02-2003 in vehicle no. U.P. 07A-9487. He has also admitted the fac