Dr. Arijit Pasayat, J. - Leave granted.

2. Challenge in this appeal is to the judgment of a learned Single Judge of the Karnataka High Court allowing the Miscellaneous First Appeal filed under Section 30(1) of the Workmen Compensation Act, 1923 (in short the Act) filed by respondent No. 1 (hereinafter referred to as the insurer). The insurer had challenged the award passed by the Commissioner for Workmen Compensation (hereinafter referred to as the Commissioner) in respect of the death of a driver.

3. Background facts in a nutshell are as follows :

The appellant was the owner of the vehicle of which the deceased was employed as a driver. Respondent No. 2 filed a Claim Petition inter-alia stating as follows :

Her husband Veeresh Kumar (hereinafter referred to as the deceased) was working as a driver in a truck bearing No.KA 34 1183. He left Siraguppa to go to Gurugunta Amreshwara Temple alongwith certain passengers as per the directions of the present appellant. When the vehicle reached Gurugunta, the deceased went to the pond and while taking bath at a pit, he had slipped and fell down and had drowned and breathed his last. The Claim Petition was filed taking the stand that