JUDGMENT

Biswanath Rath, J. - This is an appeal at the instance of the Insurance Company under Section 30 of the Workmen's Compensation Act, 1923 arising out of judgment passed by the Commissioner for Employees' Compensation-cum-Divisional Labour Commissioner, Jajpur in E.C. Case No.63 of 2014.

2. Short background involving the case is that wife and children as claimants filing the claim application brought the case that there is death of Purusottam Mandal in a vehicular accident alleging to have arising out of and in course of employment while discharging his duty as a helper in TATA ACE bearing Registration No.OR-02-AW-8387 belonging to the opposite party no.1. It is further disclosed that on 01.05.2013 while the deceased was coming in the above TATA ACE in the capacity of helper from Kendrapara side towards Cuttack and on the way near Jagatpur at about 7.30 P.M. the driver of the vehicle parked the vehicle on the left side of the road and both of them went to take their tiffin before they start the onward journey. It is stated that after taking tiffin, while the helper and the driver were returning to their vehicle, at that time one unknown vehicle dashed the helper Purusottam Man