- (1.) Heard.
(2.) Appellants have preferred this appeal under Section 30 of the Workmen's Compensation Act, 1923 (for short, 'the Act of 1923') assailing the order dated 20th December, 2010 passed by the Employees Compensation Commissioner, Udaipur (for short, 'the learned Commissioner'), while adjudicating claim laid by the respondents-claimants under Section 10 read with Section 22 of the Act of 1923.
(3.) The facts, in brief, giving rise to this appeal are that deceased, Bhagwan Lal, was in employment of Irrigation Department and posted at Sub-Division Girwa as Beldar/Met looking after Udaisagar Dam. While he was in employment, he was asked to stay at the gang hut for 24 hours. When he was performing his duties on fateful day of 12th November, 2001, he took his last breath. The respondents-claimants have averred in the claim petition that, at the time of his death, Bhagwan Lal was 25 years old and earning salary for a sum of Rs.3,340/- and after adding other emoluments, his monthly salary was assessed as Rs.6,000/-. On the strength of these pleadings, the respondents-claimants have quantified the total amount of compensation to the tune of Rs.4,33,820/-. Besides the compensation amount, the respondents-claimants have also prayed for interest on the said amount as well as penalty. Claim petition was contested by the appellants and it was averred in the return that the deceased, Bhagwan Lal, has died of his natural death, and therefore, same cannot be categorized as death by accident arising out of and in course of his employment. The appellants have very candidly admitted the factum of employment. Adverting to the emoluments drawn by the deceased, the respondents have averred in the reply that he was earning monthly emoluments to the tune of Rs.3,937/-.;