(1.) THE present appeal has been filed by the Nagar Nigam, Kota -appellant challenging the award dated 3.9.03 passed by the Workmen Compensation Commissioner (hereinafter referred to as 'the Commissioner') in Compensation Petition No. 12/97, whereby the respondents -claimants have been awarded compensation to the extent of Rs. 64,591/ - for the death of Rustam Khan. It appears that the respondents -claimants had filed the claim petition before the Commissioner under the provisions contained in the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the said Act') seeking compensation for the death of Rustam Khan, who happened to be the husband of respondent No. 1 and father of the respondent Nos. 2 and 3. It was alleged that the said Rustam Khan expired on 24.9.94 when he was in the employment of the appellant as a Fitter. The Commissioner after appreciating the evidence on record awarded the compensation as stated hereinabove.
(2.) HEARD the learned counsel Mr. Anees Mohd. for the appellant, none is present for the respondents though duly served.