ORDER :

1. This is an appeal preferred against the order passed by the Ld. Commissioner, Employee's Compensation Act, 1923 Ajmer District Ajmer dated 28.03.2013 whereby the Commissioner has passed an award of an amount of Rs. 4,19,840/- alongwith the interest @ 12% p.a.

2. Learned counsel appearing for the appellant submits that the Insurance Company cannot be said to be liable for payment of compensation to an individual who cannot be said to have died out of an accident but has died 10 months later on account of some injuries which has not been proved to have caused by way of an accident. Learned counsel submits that Insurance Company does not in any manner challenge the employer-employee relationship but so far as deceased is concerned he was involved in smuggling drugs and was caught by the Police while driving the insured vehicle and was arrested on 03.06.2006 and remained in jail for 6 months. The claimants have set up a case that he died out of injuries which occurred on account of accident that occurred while he was being followed by the Police and was arrested. The injuries continued for which he underwent treatment and ultimately died after 10 months. Learned counsel submit