( 1 ) THIS is an appeal preferred against the order dated 26-4-2003, in W. C. No. 5 of 2001, passed by the commissioner for Workmen s Compensation and Assistant Commissioner of Labour-II, guntur. Railways are the appellants in this appeal.

( 2 ) ONE late Kotaiah was working as traffic Gateman at Bellamkonda, in vijayawada Division of South Central railway. He was deputed for training at the divisional Training School, Rajahmundry. He reported for training at Rajahmundry on 18-4-2000. He attended the training class on 18-4-2000 from 9-00 a. m. , to 12-00 am, and 2-00 p. m. , to 5-00 p. m. Late Kotaiah was provided with residential accommodation in the premises attached to the Training school, for the training period.

( 3 ) LATE Kotaiah had developed chest pain at 10-00 p. m. on 18-4-2000 in the training School campus, due to the stress and strain. Nobody was available at that time and no care was taken for the trainees. One J. Koteshwara Rao, a co-trainee of late Kotaiah has taken late Kotaiah to the Railway Hospital, Rajahmundry, at 12-00 midnight on that day. The doctor did not come immediately and came after half an hour. A Compounder was there at the hospital. There are no concerned instruments and the instruments available in the hospital are not in order. Only an injection was given to late Kotaiah and it was advised to take late Kotaiah to the General Hospital. Ambulance came after ten minutes and late kotaiah was shifted to the Government hospital at 3-00 a. m. and thereby substantial delay occurred in treatment, which resulted in the death of late Kotaiah at 3-20 a. m. on the next day.

( 4 ) WIFE, children and father and mother of the deceased Kotaiah laid the claim in W. C. No. 5 of 2001, claiming a compensation of Rs. 6,00,000/-, under the workmen s Compensation Act, before the commissioner for Workmen s Compensation and Assistant Commissioner of Labour-II, guntur against- (1) Principal, Divisional training School, South Central Railway, rajahmundry; (2) Medical Superintendent, south Central Railway Hospital, rajahmundry, and (3) Divisional Railway manager, South Central Railway, vijayawada.

( 5 ) BEFORE the Commissioner, Opposite party No. 2 (Medical Superintendent, Railway hospital, Rajahmundry) filed counter- affidavit, which was adopted by Opposite party Nos. 1 and 3, contesting the claim of the Applicants.

( 6 ) BEFORE the Commissioner, applicants got examined the wife of the deceased as A. W. 1 and another witness as a. W. 2 and got marked Exs. A-1 to A-9. On behalf of the Opposite Parties, R. Ws. 1 and 2 are examined and Exs. M-1 to M-12 are marked.

( 7 ) THE Commissioner, after considering the evidence placed on record, arrived at the conclusion that the deceased Kotaiah was a workman and his death took place due to heart attack in the course of his employment while he was discharging his duties as a trainee at the Training School at rajahmundry on 18-4-2000. Taking the age of the deceased as 37 years, and taking the wages of the deceased as Rs. 3,172/- per month, the Commissioner awarded a total compensation of Rs. 3,05,344/- to the applicants by his order dated 26-4-2003, holding that Opposite Party Nos. 1 to 3 are jointly and severally liable to pay the same to the applicants, and directed the opposite Parties to deposit the same by way of demand draft taken on State Bank of india, Guntur, making it clear that in default of making such deposit within thirty days from the date of receipt of his order, the opposite parties have to pay interest at 9% per annum from the date of accident till the date of realisation, in addition to the penalty that may be imposed under Section 4-A (3) of the Workmen s Compensation Act (for brevity "the Act" ).

( 8 ) AGGRIEVED by the aforesaid order of the Commissioner, the Railways have preferred this appeal under Section 30 of the workmen s Compensation Act, 1923.

( 9 ) THE substantial questions of law that would arise for consideration and decision in this