JUDGMENT :

Abhay Manohar Sapre, J.

1. This appeal is directed against the final judgment and order dated 29.11.2006 passed by the High Court of Karnataka at Bangalore in M.F.A. No.4170 of 2002 whereby the High Court dismissed the appellant’s appeal and confirmed the order dated 23.04.2002 passed by the Commissioner for Workmen’s Compensation (Labour Court), Bellary (hereinafter referred to as “the Commissioner”).

2. The issue involved in this appeal lies in a narrow compass. It is clear from the facts mentioned hereinbelow.

3. One Mallikarjuna was an employee of the appellant a State Road Transport Corporation for the State of Karnataka working as a driver. He died while he was on duty on 06.04.1999 when he felt pain in his chest and suffered heart attack.

4. The respondent is the wife of deceased Mallikarjuna. The respondent filed a claim petition before the Commissioner under the Workmen’s Compensation Act, 1923 (for short “the Act”) claiming compensation for the death of her husband Mallikarjuna. The appellant (employer) contested the claim petition.

5. By order dated 23.04.2002, the Commissioner allowed the claim petition and awarded a sum of Rs.3,79,120/- with a direction to the appellant to deposit the awarded sum within 45 days, failing which, the awarded amount would carry interest at the rate of 12% per annum.

6. The employer (appellant herein) felt aggrieved and filed appeal in the High Court of Karnataka at Bangalore. By impugned order, the High Court dismissed the appeal, which has given rise to filing of this special leave to appeal by the employer in this Court.

7. So the question, which arises for consideration in this appeal is whether the High Court was justified in dismissing the employer’s appeal and thereby was justified in upholding the order of the Commissioner.

8. None appeared for both the parties. We, therefore, perused the record of the case. On perusal of the record, we are inclined to modify the order of the Commissioner dated 23.04.2002 in favour of the respondent to the extent indicated infra.

9. At the outset, we may take note of the fact, being a settled principle, that the question as to whether the employee met with an accident, whether the accident occurred during the course of employment, whether it arose out of an employment, how and in what manner the accident occurred, who was negligent in causing the accident, whether there existed any relationship of employee and employer, what was the age and monthly salary of the employee, how many are the dependents of the deceased employee, the extent of disability caused to the employee due to injuries suffered in an accident, whether there was any insurance coverage obtained by the employer to cover the incident etc. are some of the material issues which arise for the just decision of the Commissioner in a claim petition when an employee suffers any bodily injury or dies during the course of his employment and he/his LRs sue/s his employer to claim compensation under the Act.

10. The aforementioned questions are essentially the questions of fact and, therefore, they are required to be proved with the aid of evidence. Once they are proved either way, the findings recorded thereon are regarded as the findings of fact.

11. The appeal provided under Section 30 of the Act to the High Court against the order of the Commissioner lie only against the specific orders set out in clause (a) to (e) of Section 30 of the Act with a further rider contained in first proviso to the Section that the appeal must involve substantial question of law.

12. In other words, the appeal provided under Section 30 of the Act to the High Court against the order of the Commissioner is not like a Regular First Appeal akin to Section 96 of the Code of Civil Procedure, 1908 which can be heard both on facts and law. The appellate jurisdiction of the High Court to decide the appeal is confined only to examine the substantial questions of law arising in the case.

13. When an employer files the app