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/