1. ADMIT.

2. The parties have locked horns on the issue, whether Dhruv Thapa, deceased, came within the term, “workman” as defined in Workmen's Compensation, Act 1923. Smt. Poonam Devi and Master Neeraj, respondents no.1 and 2 moved an application under Workmen's Compensation Act, 1923, before the Commissioner on 17th April, 1995. It is averred that Dhruv Thapa, their husband and father respectively, aged about 35 years, a workman was employed as Chowkidar since 1987 by the present petitioner/appellant, received personal injury by accident arising out of and in the course of his employment resulting in his death on 10th June, 1993. It is explained that cause of injury was that when he was on duty on the premises of the appellant, some accident took place within the premises of the appellant. Again the cause of injury is best known to the appellant. The dead body was taken to Safdarjang Hospital and its autopsy was got conducted. Dhruv Thapa was getting Rs.1,000/- per month. Notice requiring the appellant to pay compensation was sent but it did not ring the bell. In their petition, the respondents have claimed Rs.78,824/- (Rs.400/197.06).

3. The appellant contest