JUDGMENT : Sureshwar Thakur, J The instant appeal came to be admitted on 28.12.2009 on the hereinafter extracted substantial question of law:- ?1. Whether the workmen's compensation Commissioner was justified in hold that the deceased Rajinder Singh was working as an employee on the tractor in question? 2. Whether the interest has been awarded by the workmen's Compensation Commissioner in accordance with the provisions of the workmen's Compensation Act, 1923?? 2. The learned counsel for the appellant has submitted with much vigor before this Court that the predecessor-in-interest of the claimants who uncontrovertedly is the son of the owner of the ill-fated vehicle and who met his end in an accident involving the ill-fated vehicle cannot per se hence render him to be construable qua his standing engaged as a driver in the ill-fated vehicle by his father nor he can be concluded to be drawing wages quantified in a sum of Rs.2600/- whereupon he contends of the impugned order recorded by the learned Commissioner warranting interference significantly when the trite factum of the deceased Rajinder Singh performing employment as a driver in the relevant vehicle under his father stands un-proven. 3. The aforesaid submission warrants its standing discountenanced as there is no inflexible proposition of law of a father not employing his son nor is it a rigid proposition of law qua the relevant employee/workman not drawing wages from his father, his employer. 4. Be that as it may the evidence on record was enjoined to pronounce qua the factum of the father of one Rajinder Singh who died in the ill-fated accident involving tractor Number HP21-0528 not receiving from his father wages per mensem constituted in a sum of Rs.2600/-. The relevant best evidence in portrayal thereof stood constituted in the appellant during the course of his holding the owner of the relevant vehicle to cross-examination endeavoring to make elicitations from his qua his maintaining receipts qua the amount of wages defrayed to his deceased son while his performing duties as a driver in the relevant vehicle. 5. The relevant best evidence in portrayal thereof stood constituted in the appellant during the course of his holding the owner of the relevant vehicle to cross-examination endeavoring to make elicitations from his qua his maintaining receipts qua the amount of wages defrayed to his deceased son while his performing duties as a driver in the relevant vehicle. 5. However, the aforesaid evidence has remained unemerged as the owner of the vehicle died before the relevant trite issue standing put to trial, inevitable corollary whereof is qua this Court standing not seized with the relevant best evidence, for its hence accepting the contention addressed herebefore by the learned counsel for the appellant also hence for want thereof the impugned order recorded by the Commissioner while accepting the depositions of the claimants qua their predecessor-in-interest drawing from his employment under his father wages per mensem constituted in a sum of Rs.2600/-, holds field. Consequently, the finding qua the facet aforesaid warrants its acceptance by this Court. Substantial question of law answered accordingly. 6. In the impugned order the learned Commissioner on the compensation amount assessed qua the dependents/claimants of deceased Rajinder Singh had levied thereon interest @ 6%, liability whereof stood fastened upon the appellant herein also the aforesaid per centum of interest levied upon the compensation amount, stood mandated in the impugned order to accrue from 2.11.2003 whereas liability qua levy of 6% interest on the compensation amount was peremptorily enjoined to accrue thereon from one month elapsing since the date of accident. Consequently, the order impugned hereat is modified to the extent indicated above. In sequel the rate of interest levied on the compensation amount assessed qua the claimants of one Rajinder Singh would accrue thereon from one month elapsing since the date of accident. The impugned order is modified accordingly. In view of the above, present petition stands disposed of alongwith all pending applications if any.