By the Court.—This is a First Appeal From Order filed under Section 30 of the Workmen’s Compensation Act, 1923.

2. The appellant Insurance Company assails the order dated 21.8.2009 passed by the Workmen’s Compensation Commissioner, Agra in W.C.A. No. 176 of 2008 whereby it has been made liable to pay a compensation of Rupees Four lacs twenty seven thousand one hundred and forty to the claimants for the death of Sri Dharamvir Singh alias Naresh in the accident that occurred on 22.9.2008 at Railway Crossing Mursan within the District of Hathras.

3. Sri V. K. Birla, learned counsel for the appellant has argued that the factum of the deceased’s involvement in the alleged accident of 22.9.2008 was not proved, that the Workmen’s Compensation Commissioner, Agra had no territorial jurisdiction to entertain the claim, that the driver had no valid driving license to drive a Tanker and that the amount of compensation has been illegally granted.

4. We have considered the submission of Sri Birla and perused the record. In so far as the first submission is concerned the owner of the Tanker has in the written statement admitted that the deceased driver was under her employment at the time of the accident, that the vehicle and driver were duly injured and that she had knowledge of the accident. As such when no collusion between the claimants and the owner of the vehicle/employer has been proved then the factum of the accident was duly proved and such finding of fact recorded in the impugned order does not give rise to any substantial question of law.

5. The submission on the issue of territorial jurisdiction is that the Compensation Commissioner, Agra had no jurisdiction to entertain the claim petition because the accident did not take place within his territorial jurisdiction. The claimants had pleaded that after the death of Dharmvir Singh they shifted residence to Mathura with the family of the deceased who are also providing all their expenses.

6. Section 21 of the Workmen’s Compensation Act, 1923 read as quoted hereunder :

“21. Venue of proceedings and transfer.—[(1) Where any matter under this Act is to be done by or before a Commissioner, the same shall, subject to the provisions of this Act and to any rules made hereunder, be done by or before the Commissioner for the area in which—

(a) the accident took place which resulted in the injury; or

(b) the workman or in case of his death, the dependant claiming the compensation ordinarily resides; or

(c) the employer has his registered office:

Provided that no matter shall be processed before or by a Commissioner, other than the Commissioner having jurisdiction over the area in which the accident took place, without his giving notice in the manner prescribed by the Central Government to the Commissioner having jurisdiction over the area and the State Government concerned:

Provided further that, where the workman, being the master of a ship or a seaman or the captain or a member of the crew of an aircraft or a workman in a motor vehicle or a company, meets with the accident outside India any such matter may be done by or before a Commissioner for the area in which the owner or agent of the ship, aircraft or motor vehicle resides or carries on business or the registered office of the company is situate, as the case may be.

(1-A) If a Commissioner, other than the Commissioner with whom any money has been deposited under section 8, proceeds with a matter under this Act, the former may for the proper disposal of the matter call for transfer of any records or money remaining with the latter and on receipt of such a request, he shall comply with the same.]

(2) If a Commissioner is satisfied [that any matter arising out of any proceedings pending before him] can be more conveniently dealt with by any other Commissioner, whether in the same State or not, he may, subject to rules made under this Act, order such matter to be transferred to such other Commissioner either for report or for dispos