The causal connection between an accident and employment is determined by the nature, conditions, and obligations of the employment.

P. K. MISRA, J.

( 1 ) THE insurer has filed this appeal under section 30 of the Workmen's Compensation Act.

( 2 ) THE claimant-respondent No. 1 filed claim application claiming compensation on account of death of her husband, who was the driver of the truck bearing registration No. OSS 5551 belonging to the owner-respondent No. 2. The truck was returning from Ahmedabad to Cuttack via nagpur. It seems that on the way there was homicidal death of the driver. The claim application was initially filed before the judge, First Labour Court, Nagpur, but subsequently, the case was transferred to the Commissioner for Workmen's compensation at Rourkela (in short, 'the commissioner' ). The owner in her written statement stated that the accident has not arisen out of employment as the workman died on account of homicidal death which has got no connection with employment. The insurer denied in general its liability.

( 3 ) THE Commissioner found that the deceased was a workman and had died in an accident arising out of and in course of employment. Since there was valid insurance, he directed the insurer to pay the compensation.

( 4 ) IN this appeal, the learned counsel for the appellant first contended that the deceased driver had no valid driving licence and as such, the insurance company should not be made liable. I have carefully perused the records including the written statement filed by the insurance company. This plea had not at all been whispered in the written statement, nor any evidence had been adduced before the commissioner. For the first time, such submission is being made in this court by producing documents relating to driving licence. The question being a mixed question of fact and law cannot be raised for the first time in an appeal under section 30 of the Workmen 's Compensation Act, where the scope of appeal is limited to consideration of substantial questions of law only. As such, this contention raised by learned counsel for the appellant cannot be accepted.

( 5 ) THE learned counsel for the appellant then contended that there is no material on record to show that the accident had arisen out of and in course of employment. The learned counsel for appellant has placed reliance upon the decision of the Supreme court in Employees' State Insurance corporation v. Francis De Costa, 1996 ACJ 1281 (SC), in support of his contention. In the aforesaid case, the employee met with an accident one kilometre away from the place of his employment while he was on his way to the factory where he was employed and application claiming disablement benefit was allowed. While interpreting the meaning of the expression 'arising out of and in course of employment', the Apex court observed as follows:". . . IN order to succeed, it has to be proved by the employee that, (1) there was an accident; (2) the accident had a causal connection with the employment; and (3) the accident must have been suffered in course of employment. . . "

( 6 ) IN the decision in Mackinnon Mackenzie and Co. Pvt. Ltd. v. Ibrahim Mahmmod issak, 1969 ACJ 422 (SC), it was observed:" (5) To come within the Act the injury by accident must arise both out of and in the course of employment. The words 'in the course of employment' mean 'in the course of the work which the workman is employed to do and which is incidental to it'. The words 'arising out of employment' are understood to mean that 'during the course of the employment, injury has resulted from some risk incidental to the duties of the service, which, unless engaged in the duty owing to the master, it is reasonable to believe the workman would not otherwise have suffered'. In other words, there must be a causal relationship between the accident and the employment. The expression 'arising out of employment' is again not confined to the mere nature of the employment. The expression applies to employment as such to its nature, its conditions, its obligations and its incidents. If by reason of any of those factors