ARUN MISHRA, J. - (1.)THE appeal has been preferred by the claimants aggrieved by an order dated 30.5.2006 parsed by Commissioner for Workmen Compensation, Labour Court, Bhopal passed in case No. 29/04 dismissing the claim petition preferred by the widow and parents of deceased.
(2.)THE claimants filed the petition before the Commissioner for Workmen. Compensation that Jagdish Patel was driver of tanker (M.P. 04 -5509), on 13.4.2004 the tanker was being taken to Ubhayvan road, district Dhar. There was blast in the tanker, due to that Jagdish Patel sustained and died. His age was 45 years. As per claimants the deceassed used to receive salary of Rs. 6,000/ - per month. He was holding licence to drive the vehicle. Compensation was not paid inspite of demand was made. Compensation of Rs. 8 lacs was claimed.
The owner Dilip Transport Co. in its reply contended that deceased was not in the regular employment but was temporary driver. He used to work on the basis of daily wages. Other facts were not denied. Deceased used to be paid a sum of Rs. 100/ - per day and Rs. 50/ - by way of allowance. Excessive compensation was claimed. The vehicle was insured. The liability, if any, was required to be borne by the insurer.

(3.)THE insurer in its reply denied the liability to make the payment of compensation. The factum of insurance was admitted, however, the claimants to prove that the deceased was in the employment and died owing to the injury sustained in the accident.