An accident arises out of and in the course of employment if there is a causal connection between the accident and the employment, and if the accident occurs while the employee is engaged in a necessary incident of his employment.

The First Appeal No. 115 of 1997, preferred by the National Insurance Company Ltd is directed against the judgment and award dated 11.3.97 passed by the learned Commissioner, Workmen's Compensation, West Tripura, Agartala in case No. TS (W/C) 29 of 1994 upon a claim petition under the Workmen's Compensation Act, 1923 (hereinafter referred to as the e Act) awarding compensation to the claimants under the said Act. The claimants also made a cross objection against the said judgment and award against the insurance company. Both the matters were taken up together for hearing.

2. Broad facts are cited herein below :

The deceased Ajit Gope was the son of the claimant No.2, Smti Sushama Gope and husband of the claimant No. 1, Smti Sabita Gope. Ajit Gope was a driver of a Truck bearing No. TRL 3974 owned by Shri Amalendu Saha, opposite party No. 1 in the claim petition. On, 7.5.93 deceased Ajit Gope was sent on duty from Khowai to Guwahati along with PW 2, Shri Pradip Ghosh who happened to be the Assistant to Ajit Gope. In the morning of 10.5.93, Ajit Gope and Shri Pradip Ghosh started from Guwahati towards Khowai and reached Patharkandi of Cachar District (Assam). Due to strike they could not proceed further. At night after taking their meal the said Ajit Gope slept inside the cabin of the truck and Shri Pradip Ghosh, PW 2 slept on the top of the truck. In the next morning when PW 2 got down from the truck he saw Ajit Gope lying dead in the cabin of the truck. Pradip Ghosh along with others informed the Patharkandi Police Station about the incident and the police came there and took away the dead body. The claimants accordingly lodged their claim initially before the learned Commissioner for Workmen's Compensation-cum-Assistant Labour Commissioner, Cachar, Silchar, Assam since the accident took place there and in due course the case was transferred under section 21 (2) of the Act to the learned Commissioner, Workmen's Compensation, West Tripura, Agartala since both the claimants and opposite parties are residents of Tripura. The National Insurance Company Ltd, the insurer was later on added as opposite party No. 2 on amendment. The deceased was 25 years old at the time of accident and his wage was Rs. 2,000 per month according to the claimants. Both the opposite parties, the employer as well as the insurance company submitted their written objection. The owner raised the plea of non maintainability and defect of the parties and also claimed that since the death of the deceased was an unnatural death the claimants were not entitled to get any compensation under the Act. The owner further stated that the vehicle was insured with the National Insurance Company Ltd and at the relevant time the insurance policy was in force and as such compensation, if any, awarded would be paid by the insurance company. The insurance company also raised the plea of non-maintainability and denied their liability. According to the insurance company the personal injury to the deceased was not caused by accident arising out of employment of the deceased and in the absence of any injury arose out of an accident of a vehicle, the claim petition was not maintainable. The insurance company also pleaded that the deceased had no valid driving licence and that the vehicle had no valid fitness certificate at the time of accident and accordingly, prayed for dismissal of the claim petition.

The claimants examined the wife of the deceased, Smti Sabita Gope as well as Shri Pradip Ghosh, the Assistant to the deceased driver, Ajit Gope. The opposite parties did not adduce any oral evidence. The claimants also submitted a photo copy of the insurance policy apart from the original Employment Exchange Card, School Transfer Certificate of the deceased. The learned Commissioner, Workmen's Compensation after considering the evidence on record accepted the statement that the deceased was earning Rs 2,000 per month and he was aged about 25 years at the time of ac