SAUMITRA DAYAL SINGH,J. - (1.) This appeal has been filed by the insurer against the award dated 13.08.2012 passed by the Commissioner, Workmens' Compensation/Deputy Labour Commissioner, U.P., Meerut in E.C.A. 111 of 2010 whereby the Commissioner, Employees Compensation awarded Rs. 4,23,580/- arising from the death of Pramod Sharma the driver who was found dead while driving the insured truck bearing registration no. HR 45-6807.
(2.) The present appeal was admitted on the following substantial questions of law:- "1. Whether the Workmen's Compensation Commissioner was justified in allowing the claim petition under the circumstances when the death was occurred due to heart attack and there was no nexus of death with his employment? 2. Whether the Workmen's Compensation Commissioner was justified in awarding compensation under the circumstances when from the evidence and materials which are available on record it was apparently clear that deceased had started his job just few minutes of his death and there was no pressure of job? 3. Whether the Workmen's Compensation Commissioner was justified in accepting the employment of the deceased in absence of any documentary evidence regarding employment as well as income of the deceased? 4. When the claim petition is maintainable in absence of notice under Section 10 of the Employee's Compensation Act, 1923?"
(3.) Briefly, the Tribunal had found, the deceased Pramod Sharma had been engaged by Chirag Mahendru owner of the aforesaid truck. It was also found, on 07.07.2011 the said Pramod Sharma died while driving the aforesaid truck from the premises of the employer Chirag Mahendru to Daraula Sugar Mill at Daraula. The finding is based on the evidence led by Chirag Mehendru (PW-1) as also one Bhura Singh the cleaner of the aforesaid truck.;