1. The appellants have filed this appeal under section 30 of the Wormen's Compensation Act, 1923 (hereinafter shall be referred to as the “Act of 1923”) being aggrieved by the impugned order dated 24.12.2003 passed by the learned Commissioner for Workmen's Compensation Act, Gwalior, in Case No.84/B/2000 W.C.A. (Fatal) rejecting the claim of the appellants for compensation under the Act of 1923.

2. It is appellants' contention that the deceased Gayaram was working as Mali/Gardner under respondents No.1 and 2 and was taking care of the trees planted on the road side of the industrial area Malanpur, District Bhind. During the course of the employment and while discharging his duties, Gayaram has met with an accident arising out of the employment. An unknown vehicle dashed him and he died on the spot. An FIR was lodged at the Police Station Malanpur. It is averred that the deceased was 31 years of age and was getting monthly salary of Rs.1,800/- and on such ground compensation of Rs.1,85,355/- was claimed and penalty of 50% and 18% interest on the amount of compensation was also claimed.

3. Learned Commissioner rejected the claim on the ground that it was not proved that the de