(1.) THIS appeal has been preferred by the company upon being aggrieved by and/or dissatisfied with the judgment and order passed by the concerned Commissioner under workmen's Compensation Act, 1923, Allah bad dated 30th January, 2008 awarding a sum of Rs. 3,38,880 and interest @ 6% per annum from the date of his death i. e. 19th December, 2002 till the date of payment, on account of death of the deceased.
(2.) IN the appeal following four points have been raised by Mr. Manish Goyai, learned counsel appearing for the appellant:
(3.) SO far as the first point is concerned, mr. Goyal relied upon a relevant portion of a judgment of the Supreme Court of similar nature as reported in Regional Director, E. S. I. Corporation and another v. Francis De Costa and another. The relevant portions of the judgment are as follows: