( 1 ) BY this appeal, under Sec. 30 of the Workmens compensation Act, 1923 (act for short, hereinafter), the appellants, who are heirs of the deceased victim of an employment injuries, have challenged the judgment and award passed by the learned Commissioner for Workmens Compensation (commissioner for short, hereinafter), at nadiad, on 5-5-1981, in Workmen Compensation Case No. 25 of 1978. In order to appreciate the merits of this appeal and challenge against it, it would be necessary to set out material and relevant facts giving rise to the present appeal.

( 2 ) THE present appellants are the original applicants and the present respondent is the original opponent. They are, hereinafter, referred to as the applicants and opponent for the sake of convenience and brevity.

( 3 ) THE applicants, who are the parents of the deceased victim of an employment accident, claimed compensation of Rs. 18,000. 00, stating that their son died on account of injuries sustained by him out of and in the course of employment with the opponent-employer. The applicants, inter alia, contended that their deceased son was working as a labourer with opponent at the monthly salary of Rs. 195. 00. Thu