Honble KESHOTE, J.–The appeal is barred by one days, the non-claimant appellants have filed the application under Section 5 of the Limitation Act for condonation of the delay aforesaid.

(2). Heard learned counsel for the non-claimant appellants and perused the material available on the record of the appeal.

(3). This appeal is directed against the award dated 28.2.2004 of the learned Commissioner under the Workmans Compensation Act, 1923, Sikar, in case No. WCA/F/11/2002.

(4). Under the impugned award the learned Commissioner awarded Rs. 1,32,941/- as compensation and further a sum of Rs. 26,434/- as penalty in favour of the claimant respondents.

(5). The learned counsel for the non-claimant appellants contended that the deceased was not in the employment of the non- claimant appellants and thus no award could have been passed for the death of Kesharam in favour of the claim at respondents.

(6). I have given my anxious and thoughtful consideration to the contention raised by the learned counsel for the non-claimant appellants.

(7). Neither before this court nor before the learned Commissioner under the Act it is disputed by the non-claimant appellants that death of Kesharam was caused by

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