JUDGMENT :

Satyen Vaidya, J.

By way of instant appeal under Section 30 of the Employees Compensation Act, the Appellant/Insurer has assailed Award dated 8.7.2010 passed by the Commissioner under Workmen Compensation Act-cum-SDO (C), Sundernagar, District Mandi, H.P. in Case No.16/2008, whereby respondent No.1 herein/claimant has been awarded a sum of Rs.5,41,910/- as compensation on account of death of Sh. Santosh alias Ganpat Ram.

2. Brief facts necessary for adjudication of appeal are that respondent No.1 (hereinafter referred to as the ‘claimant’) applied under Section 22 of the Employees’ Compensation Act (for short, ‘the Act’) to the Commissioner under the Act for compensation on account of death of her son Sh. Santosh alias Ganpat Ram. The deceased Sh. Santosh alias Ganpat Ram was a workman employed by respondent No.2 (hereinafter referred to as the ‘employer’) as a helper on JCB Machine No. HP-51B-3921. On 10.07.2008, the deceased was working on the aforesaid machine and in the meanwhile, retaining wall of the road on which the machine was parked gave way, causing machine to roll down alongwith the deceased. Consequently, the deceased received fatal injuries and died.

3. The app