Honble VERMA, J.–The present Misc. Appeal No. 1030/2000 has been preferred against the order dated 15.5.2000 passed by Commissioner under Workman Compensation Act by the dependants of workman Nijamuddin @ Nijju Khan. The connected appeal, which is under defect, has been preferred by the employer Veer Singh.

(2). For the reason that both the appeals have arisen out of the same accident and relating to same parties, therefore, it was ordered that the appeal filed by the employer be attached and both the appeals are being decided by this common order. The registry shall put regular number of appeal as the formal defects are waived and also for the reason that decision of the appeal No. 1030/2000 shall also be applicable to the appeal filed by employer.

(3). The deceased Nijamuddin was admittedly an employee of employer Veer Singh, who was employed as driver of the truck No. RJ-01/G-790, while Nijamuddin was on duty on 17.1.99 and under the employment of Veer Singh, he was detailed to get the truck load with rocky stones from a mine situated at Balriya ki Pahari. During the process of loading stones, he was hit upon his head by a stone which ultimately resulted in his death. The FIR was

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