JUDGMENT

Biswanath Rath, J. - This is an appeal under Section 30 of the Workmen's Compensation Act, 1923.

2. Brief fact involving the appeal is that the wife, old parents and minor children of the deceased workman filed W.C. 97-D/2002 before the Commissioner for Workmen's Compensation-cum-Deputy Labour Commissioner, Cuttack alleging that the deceased working as labourer in the office of the respondent no.1 for over 12 years. On 12.2.2002, the deceased-workman while working over a electric pole near Mouza-Sitaleswar in Jajpur Town Section Office met with an accident by getting electric shock fell down on the ground sustaining serious bodily injuries resulting death claimed to be arising out of and in course of employment. It is on the premises of particular remuneration being received by the deceased at the relevant point of time, claim application was filed by the legal heirs of the deceased. It also came to light that involving said accident, U.D. Case No.8 of 2002 was also registered by the Police. Neither the Commissioner in judgment nor appeal memorandum have filed by the establishment brings anything on the written statement if filed by the establishment. In the trial proceeding