JUDGMENT

Ravindra Maithani, J. - The present appeal is preferred under Section 30 of the Workmen's Compensation Act, 1923 (now christened as the Employees' Compensation Act, 1923) (for short "the Act") against the judgment and order dated 01.07.2009 passed in Workmen's Compensation Case No. 33 of 2005 "Smt. Usha Devi vs. Sri Adarsh Kumar and another" (for short "the case") by the Workmen's Compensation Commissioner/Assistant Labour Commissioner, Kumaon Region, Haldwani, Nainital. By the impugned judgment and order, the claim petition of the respondent has been allowed and she has been awarded a total compensation of Rs.4,19,735/- (Rupees Four Lakh Nineteen Thousand Seven Hundred Thirty Five only).

2. The case is based on the application of the respondent. According to it, the husband of the respondent late Diwan Chand was a workman in the Rice Mill of the appellant titled as M/s Shyam Rice Mill (for short "the establishment"). On 11.04.2005, the deceased was on duty from 08:00 in the morning till 09:00 in the night. After duty, while he was returning to his house on his bicycle, at about 09:30 PM, he was hit by a motorcycle, due to which he died on the spot. The respondent claimed Ru