Kuldip Singh, J.—This judgment shall dispose of FAO Nos. 464, 465, 466, 467, 468 and 469 of 2003. All these appeals have arisen out of common order dated 9.7.2003 passed by Commissioner, under Workmens Compensation Act, Jhakri in FA No. 5 of 2001, FA No. 3 of 2001, NFA No. 28 of 2001, FA No. 6 of 2001, NFA No. 29 of 2001 and FA No. 4 of 2001 respectively. FA No. 3 of 2001, FA No. 4 of 2001, FA No. 5 of 2001, FA No. 6 of 2001 and NFA No. 28 of 2001 and NFA No. 29 of 2001 were filed by the petitioners/claimants, claiming compensation under the Workmens Compensation Act, 1923 (for short the WC Act). In FA No. 3 of 2001, FA No. 4 of 2001, FA No. 5 of 2001 and FA No. 6 of 2001 compensation was claimed by the dependants of deceased workmen, whereas in NFA No. 28 of 2001 and NFA No. 29 of 2001 the claim petitions were filed by the injured workmen. The Commissioner in the impugned order has held New India Assurance Company to pay the entire compensation along with interest to the claimants with a direction to the insurer to deposit whole of the compensation amount Rs. 19,69,930/- before the Commissioner within one month from the receipt of the order. The New India Assurance Company, in these circumstances, has filed the above appeals against the impugned order.

2. The brief facts in each appeal, are as follows:— (i) FAO No. 464 of 2003 :

3. Smt. Usha Devi, widow and Kumar Anjana daughter of Karam Chand, filed claim petition on the grounds that Karam Chand, aged 36 years was employed with employer ANS Earthmovers as driver on truck No. HP-12-9929 on Rs. 3,850/- per month salary, he received fatal injuries on the night intervening 29/30.3.2001 during the course of his employment with the employer. It has been alleged that on 29.3.2001, work continued late, as such Karam Chand along with other drivers and conductors came to the residence, which was provided by the employer for staying/retiring. On the following day, the work was to start early. At about 2 a.m. accident took place due to massive land slide in which big boulders fell on the residence provided to workers by employer. In the accident Karam Chand received fatal injuries and he died on the same day. It has been alleged that New India Assurance Company, being the insurer of the truck, is liable to pay the compensation. The claimants have claimed statutory compensation, 18% interest and 50% penalty both from the employer and the insurer.

4. The employer M/s. ANS Earthmovers contested the claim by filing a reply in which preliminary objections have been taken that injuries were not sustained by the deceased during the course of employment. The employer is not at all liable to pay compensation to the claimants. The injuries were sustained by an act of God and not during the course of employment. In any case, liability to pay compensation is of M/s. New India Assurance with which truck No. HP-12-9929 was insured. On merits, employment of deceased as driver on truck No. HP-12-9929 with employer M/s. ANS Earthmovers was admitted. The accident took place due to land slide, which was triggered by rains. The claimants are not entitled to compensation. The petition is bad for misjoinder of necessary parties.

5. The insurer contested the claim by filing reply in which preliminary objections have been taken that injuries leading to the death of the deceased were not caused during the course of the employment of the deceased. The petition is bad for misjoinder of insurer. There is collusion between claimants and employer. The insurer is not liable to pay any claim. The claim is not covered by the insurance policy. There was no relationship of employer and employee in between M/s. ANS Earthmovers and the deceased. On merits, it has been submitted that accident appears to be an act of God. The insurer is not liable to pay any compensation. The accident appears to be outside the employment. (ii) FAO No. 465 of 2003 :

6. Smt. Surto Devi, mother and Karam Chand father of Gian Chand, filed cl