INDERJEET SINGH,J. - (1.) The instant appeal has been filed by the appellant against the judgment dated 28.08.2008 passed by the Commissioner Workmen's Compensation, (hereinafter referred to as Commissioner) Jaipur-II, Jaipur in claim no. WCCF/37/07.
(2.) Brief facts of the case are that the respondent claimants filed a claim petitioner before the Commissioner, under Section 3 & 22 of Workmen's Compensation Act 1923 (hereinafter referred to as Act of 1923) for the alleged loss sustained by them on account of death of Narayan son of the claimant respondent no.1 which took place on 11.07.2006. It was further contended that deceased was driver on the tractor No.RJ.14.21-2R-3090 belonged to respondent no.5 & 6. It was further stated that the age of the deceased was 25 years at the time of accident and he was getting Rs.4,000/- as salary per month from the respondent no.5 & 6 and therefore, claimed compensation in sum of Rs.18,61,000/- from the owners and insurance company of the tractor in question.
(3.) The respondent no.5 and 6 have filed joint reply and stated therein that the deceased was employed on their tractor on the date of accident i.e. 11.07.2006 and stated that they paid the salary Rs. 2500/- per month to the deceased.;