JUDGMENT :

Rajiv Sharma, J.

This appeal is instituted against the award dated 28.3.2007, rendered by the learned Commissioner, Workmen's Compensation, Shimla (Rural), Distt. Shimla, H.P. in case No.9/2000.

2. Key facts, necessary for the adjudication of this appeal are that the appellants/claimants have filed a petition under Section 22 of the Workmen's Compensation Act 1923 (hereinafter referred to as the Act) for grant of compensation, being dependent of late Sh. D.D. Panday. Late D.D. Panday died in the accident during the course of employment with respondent No. 1 on 24.5.2000. The respondent No. 1 was engaged by respondent No. 2 for construction of building. The deceased was getting salary of Rs.5,000/- per month. His age at the time of accident was 34 years. He was admitted in IGMC, Shimla on 24.5.2000. He died on 17.6.2000. The FIR was registered. The post mortem was also conducted at IGMC, Shimla. The appellants claimed compensation to the tune of Rs.11,00,000/-.

3. The petition was contested by respondent No.1. He has denied the employeremployee relationship. According to him, he has undertaken the construction work of ground and first floor of the house of respondent No. 2 at