By the Court.–The present Miscellaneous Appeal has been preferred against the Award dated 25.6.2009 passed by the learned Presiding Officer, Labour Court, Dhanbad in connection with W.C. Case No. 3 of 2004, whereby the appellant has been directed to pay Rs. 3,95,850/- to the claimant / respondent.

2. The brief facts behind the order is that one Ganauri Yadav was a permanent employee of M/s. BCCL and he was working at Basudeopur colliery under Sijua Area No. V as Surface Trammer. On 13.5.2000 at about 8.20 p.m. while he was on duty he was assaulted by some miscreants and sustained injuries, as a result he died on 28.6.2000. The matter was reported to Loyabad Police Station vide letter No. 139 dated 14.5.2000 and accordingly F.I.R. was registered. Since Ganauri Yadav died in course of his duty at his work place, the claimant, namely, Dhaneshwari Devi, wife of late Ganauri Yadav filed a petition for compensation and it was registered as W.C. Case No.3 of 2004. The learned Presiding Officer, Labour Court, Dharibad, after recording evidence and giving opportunities to the parties of hearing passed the impugned order and an Award of Rs. 3,95,850/- was granted in favour of claimant/re