S. RAMATHILAGAM, J.

1. The appellant/Employees State Insurance Corporation has preferred this appeal against the order passed in ESIOP No.12 of 2005, on the file of the Employees State Insurance Court (II ADJ) at Pondicherry dated 13.01.2010 and set aside the same.

2. The brief facts leading to the Claim Application is as follows:-

(i) The petitioner's son by name Palani was working in Appasamy Ocular Devices (P) Ltd., as Electrician for the past 1=years. Since there was no canteen facility in the said Company, his son used to come home for lunch and go back for work.

(ii) On 6.5.2005, as usual, the said Palani went home and after taking his lunch, he was returning in his motorcycle to his Company and at that time, one lorry dashed against him and he died. The said Palani was a member in ESI Corporation and also died during the course of his employment. The petitioner also sent a letter to the respondent, claiming the dependent benefits. But, the respondent refused to sanction the same by stating that the accident could not be deemed to have arisen during the course of employment. Hence, the petition was filed claiming dependent benefits from the employer.

(iii) The appellant he