P. S. NARAYANA, J.

( 1 ) THE substantial question of law raised in the present civil miscellaneous appeal preferred by the opposite party No. 2, United India Insurance co. Ltd. , represented by its Regional manager, Regional Office, Basheerbagh, hyderabad, against the order made in W. C. No. 22 of 2001 is, whether the Commissioner for Workmen s Compensation is justified in awarding compensation though the admitted facts go to show that the death of the workman was not arising out of employment though it may be in the course of employment.

( 2 ) THE respondents-claimants filed the c. M. P. No. 5334 of 2003 to vacate the interim order dated 18. 2. 2003 made by this court in C. M. P. No. 3810 of 2003. At the request of both the counsel, the main civil miscellaneous appeal itself is taken up for final disposal at this stage.

( 3 ) THE facts in brief are that one S. Manipal Reddy, resident of Cherukupally village, Diddi Mandal, Nalgonda District worked as a truck driver under opposite party No. 1 in W. C. No. 22 of 2001 on the file of Commissioner for Workmen s compensation at Nalgonda, and while he was on duty he halted his lorry near Brahmadev within the police station limits of Harai

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