Sanjay Yadav, J.

( 1. ) Challenge in the present appeal filed under Section 30 of Workmens Compensation Act, 1923 is to award dated 20,2.2007, whereby, the Commissioner Workmens Compensation has allowed the application under Section 22 and awarded compensation of Rs.2,40,972/- inclusive of the interest and penalty in lieu of death of one Afsar Ali.

( 2. ) The appeal was admitted on the following substantive question of law:

"Whether the learned Commissioner for Workmen Compensation- Labour Court, Sagar committed grave error in holding the decased Afsar Ali to be a workman defined under Section 2 (1) (n) of the Workmen Compensation Act, 1923. If so, its effect."

( 3. ) The facts briefly are that deceased Afsar Ali during the course of his employment wherein he was detailed to carryout the work of construction of sheds/quarters for the employees M/s Rajshree Minerals and Chemicals Pvt. Ltd, the appellant herein, on 13.11.2002 fell down from the wall and succumbed to injuries. The legal representative of the said deceased, respondent herein, filed a claim petition before Commissioner, Workmens Compensation for an amount of Rs.3,27,705/- on the anvil that the death was in course