( 1 ) THIS appeal has been preferred under section 30 of the Workmen's Compensation Act, 1923 aggrieved by the award dated 27. 11. 2001 passed by the Commissioner for Workmen's Compensation at Jabalpur, Madhya Pradesh in case No. 54 of 1998 (Fatal ).

( 2 ) CLAIMANT-RESPONDENT No. 1 is mother of deceased Manoj Kumar Jain and respondent no. 2, Rajendra Kumar Jain, who is the owner of truck No. MP 20-G 4416.

( 3 ) AN application was filed by the respondent No. 1 claiming compensation under the Workmen's Compensation Act against Rajendra Kumar Jain and Oriental insurance Co. Ltd. Truck was owned by rajendra Kumar Jain and insured with oriental Insurance Co. Ltd.

( 4 ) IT was alleged in the application that manoj Kumar Jain was cleaner of the truck and was employed by Rajendra Kumar jain. Truck had met with an accident on 26. 7. 1997, when it turned turtle on Temar bridge. When the truck turned turtle, deceased Manoj was the cleaner of the truck and was looking after the truck in the course of employment. He was murdered by unknown persons. Report was lodged at Police Station, Ghansor. Post-mortem was performed. Deceased was murdered on 26. 7. 1997.

( 5 ) THE claimant ex