T. Sunil Chowdary, J.

1. This civil miscellaneous appeal is preferred under Section 30 of the Workmen's Compensation Act, 1923 (the Act), assailing the order dated 31.3.2005 in W.C. No. 4 of 2002 passed by the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Adilabad.

2. For the sake of convenience, the parties to this appeal will be referred to as they are arrayed before the lower authority.

3. The facts leading to filing of the present appeal are briefly as follows: The applicant No. 1 is the wife and applicant Nos. 2 to 4 are the children of one Arkati Rajaiah @ Rajamallu. Arkati Rajaiah (hereinafter referred to as 'the deceased') died while working as Lineman in SRP-3 Incline Sreerampur of Singareni Collieries Company Limited (SCCL). On 24.5.2001 the deceased attended first shift in the mine and at about 2.45 PM due to suffocation he suffered cardio respiratory arrest and died in course of his employment. The Station House Officer, Sreerampur Police Station registered a case in Crime No. 44 of 2001 under Section174 of Cr.PC. After completion of investigation, the Investigating Officer submitted final report to the Mandal Executive Magistrate/Revenue Divisional Officer, Mancherial, on 23.9.2001, stating that the deceased died in the mine accident. By the time of his death, the deceased was aged about 40 years and earning Rs. 10,000/- per month. In spite of several representations, opposite parties did not choose to pay compensation to the applicants. The applicants got issued legal notice dated 04.2.2002 requesting opposite party No. 1 to pay compensation of Rs. 4,00,000/- to the applicants within 15 days from the date of the notice while addressing a copy to opposite party No. 2. Having received the notice, opposite party Nos. 1 and 2 did not choose to pay the compensation. Hence, they filed an application under Section 22 of the Act claiming a compensation of Rs. 4,00,000/- from the Opposite Parties.

4. The opposite party Nos. 1 and 2 filed counter admitting that the deceased worked as Lineman in SRP-3 Incline, Sreerampur and died on 24.5.2001 due to heart attack while attending first shift. It is contended that at the place of work along with the deceased five others worked and if suffocation was cause of the incident, other workmen could also have suffered the same problem. The ventilation, temperature and air quantities are well within the stipulated and statutory limits. The reports reveal that the place where the deceased and five others worked was having sufficient ventilation, air temperature, and the temperature was only 26.5§ C at the work place. In the report dated 25.8.2001, the Civil Assistant Surgeon, Mancherial stated the cause of death was due to cardio-respiratory arrest which was because of circulatory collapse but it is not due to the heat exhaustion. There is no possibility of getting heat exhaustion to the deceased where the temperature was as low as 26.5§ C. Except the deceased, no other workman complained anything either during the course of work or after completion of the work on that day. The accident must arise out of and in the course of employment and then only the employer is liable to pay compensation. In the instant case, the deceased did not receive any personal injury on 24.5.2001 arising out of and in the course of his employment leading to his death. There is no casual connection between the death of deceased and his employment. The deceased was aged 42 years and earning Rs. 6,222/- gross wages per month at the time of his death. Hence, the application is liable to be dismissed.

5. Basing on the rival contentions, learned Commissioner framed the following issues:

"(1) Whether the deceased was a workman, within the meaning of the W.C. Act, 1923?

(2) Whether the accident occurred during the course of employment under opposite party No. 1?

(3) What is the age and wage of the deceased is to be determined?

(4) What relief the applicants are entitled and who are li