The central legal point established in the judgment is the requirement to prove the causal connection between the accident and employment under the Workmen's Compensation Act, 1923.

( 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 examined herself. In support of the case, she submitted registration book of the truck, Exh. P1; fitness certificate, Exh. P2; permit, Exh. P3; insurance policy, Exh. P4; F.. R. , Exh. P5 and driving licence, Exh. P6 of driver rajendra Kumar Patel. On behalf of insurer no evidence was adduced. Rajendra kumar Jain had examined himself.

( 6 ) THE Commissioner for Workmen's compensation has found that deceased was the cleaner of the truck. He was murdered in the course of employment while guarding the truck. It was loaded at the time of accident. The age of the deceased was 25 years. The age factor of 216. 91 has been applied, salary of Rs. 2,000 has been taken for the purpose of computation of compensation. 50 per cent has been found to be loss of dependency. Total compensation arrived at Rs. 2,16,910 (rupees two lakh sixteen thousand nine hundred and ten ). In case amount was not deposited within two months, same shall carry the interest at the rate of 8 per cent per annum.

( 7 ) MRS. Amrit Ruprah, learned counsel appearing for appellant insurer has assailed the order on the ground that in the facts and circumstances of the case, the finding recorded by the Commissioner for Workmen's compensation that deceased died in the employment of respondent No. 2, is perverse. She has further submitted that death did not take place during the course of employment, thus the compensation which has been awarded is illegal. Thus, the order passed by the Commissioner for workmen's Compensation deserves to be set aside. She has relied upon a decision of High Court of Karnataka in Divisional manager, United India Insurance Co. Ltd. v. Gujjamma, 2004 ACJ 1719 (Karnataka), to contend that self-serving statement of the mother of the deceased is not reliable to come to finding that the deceased was cleaner. She has further submitted that the vehicle was not driven when murder took place, thus it cannot be said that murder took place during course of employment.

( 8 ) MR. Narendra Chouhan, the learned counsel appearing for respondent No. 1 has submitted that no case for interference is made out. There is uncontroverted evidence on record to indicate that deceased was employed as cleaner of truck. No evidence has been adduced by the appellant as such there is no substantial question of law involved in this appeal. No interference is called for.

( 9 ) FIRST question for consideration is whether the deceased was employed as a cleaner of the truck No. MP 20-G 4416? sheela Bai Jain, respondent No. 1, has clearly stated that deceased Manoj Kumar jain was her son, he was unmarried. He was employed by Rajendra Kumar Jain, another son as a cleaner of truck. On the date when he was murdered, he had gone from Jabalpur to Ghansor, truck met with an accident on Temar Bridge, it turned tur