( 1 ) THE appellants-original claimants in Compensation Case No. 43 of 1980 have filed the present appeal as their claim was rejected by learned Civil Judge (S. D.) and Ex-Officio Commissioner appointed under the Workmens Compensation Act at Ndiad (hereinafter referred to as the Commissioner) by his judgment and award dated 11-9-1981.

( 2 ) A few relevant facts of the case are asunder: the applicant No. 1 appellant No. 1 herein is the wife and applicants Nos. 2 to 5 appellants Nos. 2 to 5 are sons and daughter of Sahebsinh Vajesinh Mahida who was serving as Diesel Assistant in the Grade of Rs. 290-350 plus allowances in Western Railway with Head Quarters at Godhra According to the applicant Sahebsinh died during the course of employment and the present applicants being his heirs are entitled to receive compensation of Rs. 23 100 The deceased was serving in the Western Railway as Diesel Assistant and his main duty was to assist the driver of the goods train as Assistant Driver. The deceased was on duty on 16-5-1976 with goods train No. 1 UK 23/10 from Godhra to Ahmedabad namely Bajwa. The said train started from Godhra at about 11. 00 p. m. and when it reached near Ba