JUDGMENT :

1. The appellant no.1 herein- original opponent no.1 Taluka Panchayat, Mendardaand the appellant no.2 herein original opponent no.2 District Primary Education Officer, Junagadh have preferred this appeal with a prayer to quash and set aside the judgment and award dated 10.5.2007 rendered in Workmen Fatal Case No.27/1996 passed by the learned Commissioner, Workmen's Compensation (Labour Court), Junagadh (herein after referred to as "learned Commissioner").

2. Workmen Fatal Case No.27/1996 was filed by legal heirs of one Rameshbhai Rukhadbhai who expired in an accident of collapsing of wall, while undertaking the work of renovating/constructing the wall of the Primary school, Dedakiyali. Respondent no.1 -original claimant no.2 Maliben Rukhadbhai is the mother of deceased Rameshbhai Rukhadbhai (herein after referred to as "original claimant no.2") and respondent no.2original claimant no.1 Bhupatbhai Rukhadbhai (herein after referred to as "original claimant no.1") is the brother of deceased Rameshbhai Rukhadbhai.

3. By the impugned judgment, the learned Commissioner awarded a sum of Rs.2,26,380/ to original claimant nos.1 and 2 for the death of Rameshbhai Rukhadbhai and also awarded Rs.56,595/ by way of penalty. The appellants have therefore, preferred the present appeal.

4. After filing the appeal, the appellants have also preferred Civil Application No.6438/2011 (renumbered as Civil Application No.1/2011) under Order XLI Rule 27 of the Code of Civil Procedure, 1908 read with section 30 of the Workmen's Compensation Act, 1923 with a prayer to permit the appellants to produce certificate showing the date of birth of deceased Rameshkumar Rukhadbhai Makwana issued by the Primary School, Dedakiyali and affidavit of Taluka Development Officer in the form of oral evidence as additional evidence.

5. This Court (Coram : Hon'ble Mr. Justice G.B. Shah, as he was then) by order dated 14.10.2011 ordered the Civil Application No.6438/2011 (renumbered as Civil Application No.1/2011) to be heard with the First Appeal No.3624/2007.

6. Brief facts of the case are as under:

6.1 One Rameshbhai Rukhadbhai stated to be aged 18 years, died due to an accident because of collapsing of wall of school belonging to respondent no.3 Gram Panchayat while doing repairing work. Therefore, original claimants no.1 and 2 filed Workmen Fatal case No.27/1996 before the learned Commissioner, Workmen Compensation, Junagadh against the Taluka Development Officer, District Primary Education Officer and Gram Panchayat for claim of Rs.2,26,380/ and also for penalty and interest.

6.2 On service of summons, the appellants herein filed written statements before the learned Commissioner at exh.10 interalia raising the contention that the appellants were not in any way liable to pay compensation as respondent no.3 Gram Panchayat after getting the work order from the appellants was carrying out work as contractor independently of its status as Gram Panchayat. It was further contended that original claimant no.1 Bhupatbhai Rukhadbhai, brother of deceased Rameshbhai Rukhadbhai was a subcontractor who had employed deceased Rameshbhai Rukhadbhai and further that said Bhupatbhai Rukhadbhai is not dependent of the deceased Rameshbhai Rukhadbhai and therefore, they prayed that the application was required to be rejected.

6.3 On 8.2.2006, respondent no.3 Gram Panchayat filed separate reply at exh.31 and denied its liability.

6.4 Respondent no.2 Bhupatbhai Rukhadbhaioriginal claimant no.1 was examined at exh.15, who produced registered notices, postmortem report and panchnama. He was also injured at the time of accident and had filed a separate case and subsequently withdrew the same from the same court. Respondent no.1 Maliben Rukhadbhai, -original claimant no.2, mother of deceased Rameshbhai Rukhadbhai, was examined at exh.26 and she also produced registered AD receipts of notices served upon the appellants. On 27.4.2006, Taluka Development Officer, Shri Vaghasia was examined at exh