The main legal point established is the court's reliance on medical evidence, assessment of damages, and the provision for condonation of delay under Section 10 of the Act.

1. - These 10 misc. appeals have been filed under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as "the Act") against a joint order dated 9-3-1994 passed by Workmen's Compensation, Nagaur.

2. There being common questions of fact and law involved and the common arguments have been advanced, therefore, these misc. appeals are being decided by this common judgment, copy of which be placed in each file.

3. By the impugned order the learned Commissioner has accepted the applications filed by the workmen or their dependents filed under Section 3 of the Act and has awarded different amount of compensation as per Section 4 read with Schedule IV of the said Act. The amount awarded to each of the applications is as under:

4. All the claimants came with a plea that they were employed in the Tungsten Mines at Degana run by non-applicant, appellant herein, for a period ranging from six to ten years and have contacted occupational disease sillicosis. Mangla and Raju workmen filed the applications themselves during their life time and passed away pending litigation whereas remaining eight applications have been filed by widows or LRs. after death of workmen. All the applications have been filed in form "F" as prescribed under Rule 20 of the Workmen's Compensation Rules, 1924 (hereinafter referred to as "the Rules"). In all the applications period during which the workmen remained employed with the appellant corporation and the salary drawn by it along with age of the workmen were mentioned. The lump sum payment required was also mentioned. All the applications were accompanied with X-Ray report, medical certificate, blood examination report and sputum examination report among others.5. In All the applications the non-applicants appellant herein submitted their reply admitting that the concerned workman was employed with them for a particular period and was drawing particular wages but it was denied that the workman ever contacted any disease arising out of and in the course of his employment in the corporation. It is further submitted that the concerned workman has resigned his job much prior to his death or contacting the disease of sillicosis. The period and the wages shown in the applications were denied and a different period of service and different amount of wages were mentioned in the written statement submitted on behalf of the corporation. It is also mentioned that some of the workers or their LRs. have filed their applications previously which were not pursued and were dismissed in default and have attained finality.6. On the basis of above pleadings of the parties the learned Commissioner framed following issues :

(1) Whether the applicant was suffering from occupational disease Pneumoconiosis ?

(2) What was the age of workman at the time he contacted the disease or passed away ?

(3) What was the average wage the workman was drawing ?

(4) What is the degree of loss of working capacity, if any, calculat