KAILASH GAMBHIR, J.

1. By this appeal filed under Section 30 (1)(c) of The Workmen’s Compensation Act, 1923, the appellant seeks to set aside the order dated 04.11.2009 whereby the Commissioner, Workmen’s Compensation Act has awarded a sum of Rs. 2,63,630/-in favour of the claimant Smt. Dayawati/respondent herein towards death compensation of the deceased Bhikam Singh @ Jagdish besides awarding a sum of Rs 2,500/-towards funeral charges in terms of Section 4(4) of The Workmen’s Compensation Act, 1923.

2. Brief facts of the case relevant for deciding the present appeal are that on 04.05.2004, the present appellant engaged one contractor named Saleem to do some repairs and alterations in his shop bearing No.A-94, Kamla Nagar, Delhi and for doing the said job the said contractor brought some labourers alongwith him and the deceased Bhikam Singh @ Jagdish was one of the labourers employed by him to carry out the said job. That on 08.05.2004, the deceased Bhikam Singh @ Jagdish was on his duty as a labourer at the said premises owned by the appellant when he alongwith other labourers was removing a partition wall, portion of the said wall fell on the deceased Bhikam Singh @ Jagd