Hon’ble Saumitra Dayal Singh, J.—This appeal has been filed by the employer against the award of the Commissioner Workmen Compensation, Meerut dated 8.11.2002 in W.C.A. No. 96 of 1999 arising out of the death of one Ramesh Chandra Sharma that had occurred on 22.2.1999.

2. It appears to have been entertained on the following questions of law :

“1. Whether the commissioner workmen compensation, Meerut have committee an error in holding that the incident occurred during the course and arising out of employment and that the appellant was liable to pay compensation?

2. Whether the commissioner workmen compensation, Meerut was correct in arriving to finding and holding that workman was called for work on his weekly off day and therefore incident occurred in course of employment?

3. Admittedly, Ramesh Chandra Sharma was an employee of the present appellant and he fell off pan station on 6.1.1999 wherein he suffered fracture to his leg for which he was hospitalized by the appellant.

4. Thereafter, the said Ramesh Chandra Sharma was on medical leave when on 22.2.1999, which is more than one month and 11 days from the date of the accident, he died due of unknown cause.

5. Arising fro