1. This appeal in under section 30 of the Workmen’s Compensation Act, 1923 by the Insurance Company. It is directed against an Award of Rs. 3,68,340/- awarded by Commissioner for Workmen Compensation whereby the Company is directed to pay jointly or severally a sum of Rs. 3,68,340/- together with interest @ 9% on account death of one Ram Sewak.

2. At this stage, there is no dispute that respondents No. 1 to 6 is the widow, children and parent of one Ram Sewak (since dead). It is not disputed that Ram Sewak was a professional truck driver employed by the respondent No. 7; he died of an heart attack while on duty. Deceased was getting Rs. 4,000/- per month as salary plus daily allowance of Rs. 40/-. It is disputed that on 15.5.2005 while on way to Indore from Madras, near Burhanpur deceased complained of suffered chest pain so he was taken to Civil Hospital, Burhanpur but Doctores there referred him to M.Y. Hospital Indore for treatment. At the M.Y. Hospital he was declared dead on arrival.

3. According to claimants, deceased died of accident arising out of and during the course of employment, therefore, the appellant and respondent No. 7 are jointly and severally