V.B. Gupta, J.

New India Assurance Company, the appellant has filed present appeal u/s 30 of Workmen's Compensation Act, 1923 (for short as "Act") against order dated 13th August, 2008, passed by Commissioner Workmen Compensation (for short as "Commissioner"), vide which claim filed by respondents No. 1 to 3, legal heirs of deceased, Subhash Chander Sharma, was allowed and they were awarded a compensation of Rs. 4,28,376/-.

2. Brief facts are that, deceased-Subhash Chander Sharma was employed as driver on the vehicle of respondent No. 4. On 9th September, 2003, while on duty, deceased was going from Peera Garhi to Palam Gaon. On way, there was some defect in the vehicle and deceased was trying to lookout it. All of sudden, another vehicle hit him from behind, with the result he sustained grievous injuries on his body. Due to impact, his chest and backbone was fractured. He was rushed to Sanjay Gandhi Hospital and thereafter remained in other hospitals. FIR was registered on 10th September, 2003 and deceased died on 17th July, 2005.

3. Appellant in its reply took the plea that, deceased did not died of alleged accidental injuries. There is no nexus between accident and cause