Ahmad, J.

1. This is an appeal under Sec.30, Workmens Compensation Act, 1923, by the employer Bhurangya Coal Company Limited against the order dated 27-8-1951 of Mr. R. S. Pandey, Commissioner for Workmens Compensation, Bihar, awarding a sum of Rs. 2,000.00 to the claimant Sahebjan Mian as a compensation for the fatal injury caused to his son Kasim Ali on 20-6-1949, while the deceased worker was working as a Munshi in the premises of the aforesaid Company (to be referred hereafter as Company).

2. There is no dispute on the point that on the date of the accident Kasim Ali was in the employment of Bhurangya Colliery as a Munshi on a salary of Rs. 65/- per month and that on 20-6-1949, he died as a result of an accident which occurred within the premises of the colliery on or near the haulage road between inclines 24 and 25 (as shown in the map Ex. 17(b) ) and further that the accident was due to a collision between the deceased and a rake of tubs while they were moving up on that haulage road.

3. The version of the occurrence as given by the claimant is that at about that time Kasim Ali having taken attendance of coal-cutters was busy with the distribution of empty wagons to t