ORDER :

This Civil Miscellaneous Appeal is directed against the order of the Commissioner under Workmen Compensation Act cum Assistant Commissioner of Labour, Circle - II, Visakhapatnam, in W.C. case No.17 of 2003 dated 24.01.2004.

2. The appellants are the opposite parties and the respondents were the applicants in the enquiry before the Commissioner for Workmen Compensation (Commissioner for ‘short’).

3. The respondents laid a claim application to award a compensation of Rs.4,36,940/-and for costs, on account of death of Sri M.T.S.Kumar. The respondents 1 and 2 are his parents and the third respondent is his younger brother. The first respondent as a contracting agency had undertaken certain works in the manufacturing unit of the second respondent, where usually they were producing sulpher phospate and manufacturing fertilizers.

4. The deceased Sri M.T.S.Kumar, was an employee and a painter for the first appellant according to the respondents. They further claimed that on 03.05.2002 at about 8.50 a.m. when Sri M.T.S.Kumar, was attending to painting work at the factory premises of the second appellant at the top level, he fell down accidentally due to chemical reaction and received gr