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