- (1.) We have heard Sri Sharad Malviya, learned counsel for the appellant, Sri Tripathi B.G. Bhai, learned counsel for claimant-respondent no. 1 and Sri Siddhartha Jaiswal, holding brief of Sri Ashok K. Jaiswal, learned counsel for respondent no. 2.
(2.) This appeal has been filed against the judgment and order dated 26th September, 2011 passed by the Employees' Compensation Commissioner, Basti in Case No. 115 of 2010 (Ravindra Nath Singh v. M/s Goel Road Carriers), by which the claim petition filed by the claimant - respondent no. 1 has been allowed and the appellant has been directed to pay the claimant-respondent no. 1 Rs. 14,28,000/- along with 6% interest from the date of institution of the claim petition till the date of actual payment within a period of two months.
(3.) The main ground of challenge to the aforesaid award is that the claimant, being major brother of the deceased, was not entitled to get the compensation under the Workmen Compensation Act, 1923 (hereinafter referred to as, 'the Act'), as major brother does not fall in the definition of the dependants.;