THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO C.M.A.No.1022 of 2011 JUDGMENT:- The appeal is filed against the order dated 05-03-2005 in W.C.No.30 of 2003 of the Commissioner, Workmen’s Compensation, Visakahaptnam. A claim was made by the dependents of the deceased-Appa Rao, who was said to be driver on the lorry bearing No.AP-31-V-1759 and during the course of employment he died on 11-09-2002 at Tirupati. The Insurance Company has disputed the nature of employment and the cause of death. The Commissioner has accepted the contention of the Insurance Company stating that except the evidence of DWs-2 to DW.4, no documents are filed to prove the employment or the cause of death being during the course of employment and dismissed the application. The learned counsel for the appellants represents that the evidence of cleaner(DW.2) clearly goes to show that the deceased was in employment and he died on 11-09-2002 for the injuries received by him during the course of employment. The Commissioner has not discussed this evidence and did not express any opinion. Merely because, there is no record collected by the investigator of the Insurance Company, the other evidence cannot be excluded. Evidently, the deceased said to have gone to Tirupati whereas he is a resident of Chinnalova and said to have taken the lorry and in what capacity he has taken the lorry and how he received the injuries are to be proved by further evidence and if necessary by examining the owner of the vehicle. Therefore, in view of the above circumstances, the order of the Commissioner is set aside and the matter is remanded to the Commissioner for re-consideration after giving an opportunity to the parties to adduce further evidence. Accordingly, the appeal is allowed. No costs. _______________________ N.R.L. NĀGESWARA RĀO,J 21-09-2011 TSNR