B. K. SOMASEKHARA, J.

( 1 ) THE appellant is the Opposite party in W. C. No. 25 of 1989 on the file of the Commissioner for Workmen s Compensation, Guntur Region, Guntur who suffered an award under Sec. 3 of the Workmen s Compensation Act (in short the Act) wherein holding that the workman Mr. Sambasiva Rao died due to the injuries suffered by him during the course of employment under the appellant, the learned Commissioner awarded Rs. 26,432-64 ps by way of compensation to the respondents herein who are the legal heirs of the deceased sambasiva Rao.

( 2 ) MR. G. Ramachandra Rao, the learned Counsel for the appellant has contended that the appreciation of evidence in the case by the learned commissioner is opposed to the facts and circumstances of the case and has a preference to ocular evidence as against the documentary evidence proving that the deceased was not an employee of the appellant at the time of the accident and his death. It is further contended by him that the inferences drawn by the learned Commissioner against the appellant were unjustified, the best evidence possible, both oral and documentary, was produced which the claimants could not meet with their oral evidence

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