M.Y. Eqbal, J. - (1.) This appeal by the appellants Bharat Coking Coal Ltd. is directed against the order and award dated 4/2/2004 passed by the Commissioner, Workmen's Compensation, Dhanbad in W.C. Case No. 12 of 2000 (C) whereby he has allowed the application of claimants- respondents and awarded compensation of Rs. 2,22,710 on account of death of late Faizure Rahman.
(2.) The claimants-respondents filed the application for the grant of compensation under Workmen's Compensation Act for the death of Faizure Rahman in course of his employment. The claimants' case is that deceased Faizure Rahman was in the employment of the appellants as miner/ loader on a monthly salary of Rs. 5,000. The deceased was working in Bhowra Area since the death of his appointment. In course of working he lost his life on 29.9.1995. After the death of the deceased, Faizure Rahman, the appellant employer provided employment to his brother. The appellant contested the claim case on the ground that the deceased workman did not receive injuries in course of his employment. Hence the appellant is not liable to pay the compensation. The Commissioner after considering the facts of the case and post-mortem report of the deceased workman, allowed compensation.
(3.) Mr. Ashutosh Anand, learned counsel appearing for the appellant, assailed the impugned award as being illegal and without jurisdiction. The learned counsel submitted that the Commissioner erred in law in allowing the application for compensation and condoning the delay in filing application without assigning any reason. Learned counsel submitted that claimants failed to discharge their onus of proving the case by leading oral and documentary evidence. Learned counsel submitted that in absence of any material in support of their case of the claimants that the death of the deceased arose out of and in course of employment, the order directing compensation is illegal and liable to be set aside. Learned counsel put reliance on a decision of the Apex Court in the case of Shakuntala Chandrakant Shreshti v. Prabhakar Maruti Garvali, 2007 ACJ 1 (SC).;