This Civil Miscellaneous Appeal is filed by the appellant-opposite party No.1 aggrieved by the order dated 03.05.2010 passed in W.C. No.9 of 2003 by the Commissioner for Workmen’s Compensation & Deputy Commissioner of Labour, Nizamabad.

2. The respondent Nos.1 and 2 are the applicants, parents of the deceased workman and the respondent No.3 was the opposite party No.2, owner of the tractor bearing No.AP 25 E 12.

3. The parties are hereinafter referred as arrayed before the trial court.

4. The case of the applicants was that their son Bikshapathi, aged about 21 years, was working as a labourer on the tractor of the opposite party No.2 and he was paid Rs.4,000/- per month as salary and batta of Rs.100/- per day. On 09.05.2002, the opposite party No.2 instructed the deceased workman Bikshapathi to go on the tractor to get the cultivator from the fields of one Ravindra Babu along with the tractor driver V. Prasad Rao. On his instructions, while the deceased workman along with the driver V. Prasada Rao, were going to the fields and when they reached the outskirts of Karlapata, the driver of the tractor drove the same in a rash and negligent manner with high speed, due to which the