JUDGMENT

L. MOHAPATRA, J. : This appeal is directed against the judgment dated 20th May, 2004 passed by the learned Commissioner for Workmens’ Compensation and Assistant Labour Commissioner, Balasore in W.C. Case No.10 of 2001 directing payment of compen¬sation of Rs.2,29,635/- with a further direction that in the event of failure on the part of the appellant to deposit the award within thirty days, the same will carry simple interest at the rate of 12% per annum.

2. The claimants are the legal heirs of the deceased Satyadev Pandit. Their case before the Commissioner is that the said Satyadev Pandit was working as a driver in the truck belong¬ing to respondent No.8. On 22.1.2001 the deceased drove the truck from the Ichhapur to M/s. Birla Tyres in the district of Balasore fully loaded with rubber. After reaching the gate of Birla Tyres while the deceased was stepping down from the truck, he lost control over himself and fell down. He was immediately shifted to Balasore Headquarters Hospital where he was declared dead. Postmortem was conducted in the District Headquarters Hospital, Balasore. Further claim of the claimants is that the deceased was aged about 37 years and was getting