B. P. DAS, J.

( 1 ) THIS appeal under section 30 of Workmen's Compensation Act, 1923 is directed against the judgment passed by the Assistant Labour Commissioner-cum-Commissioner for Workmen's Compensation, Rourkela (in short, 'w. C. Commissioner') in W. C. Case No. 23 of 1996.

( 2 ) THE brief facts leading to this appeal are that Sona Sethi and Samadri Sethi, the wife and mother respectively of one puranram Sethi of Orampada in Uditnagar (Rourkela) filed an application before the w. C. Commissioner, Rourkela, claiming compensation for the death of Puranram sethi in an accident arising out of and in course of his employment on 163. 1996, while working in the mini truck bearing registration No. CR 14-B 2635. It is stated by Sona Sethi that her husband, namely, puranram Sethi was employed in the aforesaid truck by respondent No. 1, Ratan Thakur, and on 15. 3. 1996, Puranram Sethi left home at 7 a. m. for duty and did not return. On 16. 3. 1996 somebody informed her to go to Kalunga where she could know about her husband. At Kalunga she could know from her father-in-law that her husband went towards Gurundia and was murdered by dacoits near Tanda forest in the night of 15. 3. 1996.