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 firs