This appeal, under Section 30 of Workmen’s Compensation Act, 1923, has been preferred against the judgment and award dated 31.05.2005, passed by the Workmen Compensation Commissioner/Assistant Labour Commissioner, Haldwani, Nainital in Workmen Claim Case No. 15/2005, Smt. Suman Devi versus Manger, Polyplux Lohiya Head Road & another, thereby awarding a sum of Rs. 3,79,180/- to the claimants, against the National Insurance Company Limited (appellant before this Court), along with an interest of 8% per annum, from the date of filing the claim petition till the date of judgment.

2. The claimant – Suman Devi filed a claim petition under the provisions of Workmen’s Compensation Act, for grant of compensation on account of death of her husband – Munna Lal. According to the claimant, her husband – Munna Lal was employed as Operator in Polyplux Corporation Limited, Khatima. On 1.6.2004, when her husband – Munna Lal was returning to his house after finishing his duty to first shift, he met with an accident on account of storm on his way near Jhankat Chauraha as a tree fell on him and he succumbed to his injuries on the way while being carried to Khatima Hospital. The claimant has p