JUDGMENT

Dipak Misra, J.

The present appeal, by special leave, is directed against the judgment and order dated 16th July, 2012, passed by the High Court of Bombay Bench at Aurangabad in First Appeal No.462 of 2011, whereby the High Court has allowed the appeal and set aside the award passed by the Commissioner under the Workmen's Compensation Act, 1923, (for short, 'the 1923 Act').

2. The facts which are requisite to be stated are that the appellants, the legal heirs of Ambadas Lahane, filed an application for grant of compensation under the 1923 Act before the labour Court, Maharashtra at Aurangabad, forming the subject matter of Application No.51 of 2006. It was asserted in the application that the appellant No.1, Dhropadabai, is the wife and the other respondents were minor children of the deceased-employee, who had suffered a chest pain at the work place about 8.30 a.m. on 2nd April, 2005. He was immediately taken to the Medical College Hospital, Ghati, Aurangabad, where he was declared dead. After the death took place, the appellant No.1 approached the authorities of the respondent-employer for grant of compensation. As the same was not granted, she along with her children,