JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in this appeal is to the order passed by a Division Bench of the Allahabad High Court dismissing the appeal filed by the appellant summarily.

3. The appeal was filed under Section 30 of the Workmen’s Compensation Act, 1928 (in short the ‘Act’). The primary stand taken by the appellant was that the claimant had not established the employer employee relationship so far as the insured deceased is concerned. It was also pointed out that there is no evidence to show that the deceased had sustained injuries under the employment and in the course of employment of the deceased insured.

4. A Claim Petition was filed under Section 4 of the Act against owner of the offending vehicle and the appellant-National Insurance Co. The Commissioner directed payment of Rs. 2,68,800/- to respondent No.1 along with interest @12%. In terms of Section 20 of the Act, the appellant-National Insurance Company was directed for payment to respondent No.1. The award made by the Commissioner was questioned before the High Court in an appeal which came to be dismissed summarily in the following manner :

“Heard learned counsel for the appellant and le