B.D. Agarwal, J.—This appeal is directed against the Judgment and Order dated 1.10.2008 passed by the Learned Commissioner under Workmen’s Compensation Act, Aizawl in W.C. Case No.8 of 2007. By this impugned judgment the Commissioner has awarded a sum of Rs.4,33,820 along with interest @ Rs.12% from the date of accident i.e. from 12.5.2007 in favour of the claimant/respondent No.1.

2. Being aggrieved with the award the Insurance Company of the offending vehicle has filed this appeal under Section 30 of the Workmen’s Compensation Act, 1923.

3. Heard the argument of Mr. A.R. Malhotra, learned counsel for the Insurance Company and that of Mr. S.N.Meitei, learned counsel for the respondent No.1/claimant. Respondent No.2 is the father of the deceased and also owner of the offending vehicle and during the pendency of the appeal the said person died. Be that as it may, on an application filed by the appellant under Order 22, Rule 4 (4) of the CPC 1908, this Court vide order dated 8.2.2010 passed in C.M. Application No.133 of 2009, it has been held that there was no necessity to add the legal heirs of respondent No.2, since he did not contest the case in the tribunal. T