JUDGMENT :

1. Heard learned advocate Mr. Hemant S. Shah for the appellant and learned advocate Mr. P.S. Gogia for the defendant No.1.

2. The present First Appeal is filed under Section 82(2) of the Employees’ State Insurance Act, 1948 (hereinafter referred to as the ‘said Act), challenging the judgment and order passed by the Employees’ Insurance Court No.1 (Industrial Court), Rajkot in E.S.I. Application No.47/87 on 26.11.2002.

3. The brief facts of the case giving rise to this appeal are as under:

3.1 The deceased-Babulal Vallabhdas was working with respondent No.2 in the factory of respondent No.3. On 07.07.1980 at about 11:00 a.m., while proceeding towards his home for lunch, accidentally, he fell in water and died. The widow of deceased-Babulal Vallabhdas filed ESI Application for compensation and other benefits.

3.2 The appellant appeared and filed its written statement at Exhibit-9 and denied the liability to pay compensation. Issues were framed at Exhibit-11 and after considering the oral as well as documentary evidence, the learned lower Court allowed the application and directed the appellant to pay the benefits with 12% interest.

4. Learned advocate for the appellant has submi