The main legal point established is that the employer is liable for compensation under the Workmen's Compensation Act, and the insurance company's liability is dependent on the validity of the driving license.

MISRA, J.

( 1 ) THIS appeal under section 30 of the Workmen's Compensation Act (in short, 'the Act') has been filed by the employer against the decision of the commissioner for Workmen's Compensation, cuttack (in short, 'the Commissioner'), directing payment of Rs. 1,85,170 with interest at the rate of 12 per cent per annum with effect from 18. 6. 1996.

( 2 ) THE claimant-respondent Nos. 1 to 4 are the dependants/legal representatives of the deceased Raj Kishore Barik who was admittedly working as a driver under the present appellant. While the deceased was driving a jeep belonging to the appellant from Boudh to Bhubaneswar, there was an accident near Khandapara which ultimately resulted in the death of the deceased.

( 3 ) THE appellant in its original written statement while admitting about the death on account of accident in course of employment of the deceased had subsequently taken a plea by way of amendment of the written statement that the deceased met with the accident while he was proceeding to the village of his father-in-law and as such, the accident was not in the course of employment, nor did it arise out of the employment. The insurance company took the plea that at the time of accident, the deceased did not have a valid driving licence and as such, the insurance company was not liable.

( 4 ) THE Commissioner found that the deceased was a workman under the appellant and the accident had arisen out of and in course of employment and as such the employer was liable to pay the compensation. The Commissioner further found that at the time of accident, the licence of the deceased had expired and since there was no valid driving licence, the insurance company was not liable. The aforesaid decision is under challenge.

( 5 ) THE learned counsel appearing for the appellant first contended that while proceeding from Boudh to Bhubaneswar, the deceased need not have proceeded towards Khalisahi which is near Khandapara and could have proceeded straight to bhubaneswar from Boudh via Nayagarh without taking a detour towards Khandapara. He has further submitted that it cannot be said that the driver was discharging his duty at that time. Such a contention, which had been raised before the Commissioner by way of amendment, was not accepted by the Commissioner on the ground that no material had been produced to show that the place where the accident occurred was not the normal route between Boudh and bhubaneswar. The Commissioner also highlighted the fact that in the original written statement, it had been claimed by the present appellant that the accident had arisen out of and in course of employment and as such, the compensation should be paid by the insurance company. The aforesaid finding is essentially a finding of fact and it cannot be said that any substantial question of law is involved. As rightly observed by the Commissioner, in the absence of any categorical material, it cannot be said that the normal route had not been followed. Moreover, even assuming that the driver had taken a detour for a few kilometres, in the particular facts and circumstances of the case, it would be difficult to hold that the driver had violated any specific instruction keeping in view the length of the entire journey which was to be undertaken, admittedly in course of his duty. It is not abnormal while going on a long journey to have a detour of a few kilometres here and there for the purpose of some personal necessity. The conclusion would have been possibly otherwise, if there would have been any specific instruction that the driver was to take a particular route and was to reach Bhubaneswar by a particular time. It has been contended that judicial notice can be taken of the fact that Khalisahi, which is near Khandapara, does not come in the normal route of Khandapara to bhubaneswar via Nayagarh. Assuming so, as already observed, taking of such a small detour while covering such a long distance, even for the personal purpose of the drive