JUDGMENT :

M. Venkata Ramana, J.

1. This Civil Miscellaneous Appeal is directed against the order dated 31.12.2003 of the Commissioner under Workmen's Compensation Act-cum-Assistant Commissioner of Labour, Anantapur (for short, 'Commissioner') in W.C. No. 10 of 2002(F).

2. The 2nd respondent before the Commissioner is the appellant. The respondents 1 to 4 were the applicants (claimants) and the 1st respondent before the Commissioner is the 5th respondent in this appeal.

3. Sri Harijana Babu Rajendra Prasad, Son of Sri Pedda Obulesu was a Village Electricity Worker at Yadiki Gram Panchayat. The Ist respondent is the wife, the 4th respondent is the mother and the respondents 2 and 3 are the daughter and son respectively of Sri Harijana Babu Rajendra Prasad. He died due to a fall from an electric pole while working on it near Ankalamma street, Yadiki village, when he was attending to repairs of LT & HT lines managed by the appellant, who is representing A.P. Transco.

4. Cr. No. 43 of 1999 of Yadiki Police Station was registered under Section 174 Cr.P.C. on a complaint by Sri Ramesh Babu, brother of the deceased, in respect of the above incident. This incident, according to the respondents