As the issue involved in both the cases is one and the same, they are disposed of by way of this common judgment.

2. Aggrieved by the award passed by the Commissioner for Workmen's Compensation (Deputy Commissioner of Labour), Madurai, in E.C.No.163 of 2010, dated 20.05.2015, the appellant/respondent has filed C.M.A.(MD)No.1238 of 2015.

3. On the other hand, the claimants, being dissatisfied with the sum of Rs.3,26,495/- awarded by the learned Commissioner, have filed CROS.OBJ(MD)No.4 of 2016, seeking enhancement.

4. For the sake of convenience, the parties are being referred to as per their rank in C.M.A.(MD)No.1238 of 2015.

5. Heard the learned Counsel appearing for the respective parties and perused the records carefully. It is stated that the sixth claimant, namely, Kathayee, died and to that effect, a memo dated 20.04.2016 has been filed.

6. It is a case of fatal. The accident occurred on 12.05.2004 and in consequence to the same, the victim, namely, Bose, died on 08.02.2006, during the pendency of the claim petition. Though the appeal was admitted on several substantial questions of law, the appellant, now, laid emphasize only on the following substantial questions of la