1. This is employer's appeal arising out of award dated 14.1.2008 passed by the Commissioner, Workmen's Compensation, Labour Court, Korba in Case No. 8 / W.C. Act / 07(f) whereby and whereunder an amount of Rs. 2,66,250 has been awarded to the respondent Nos. 1 and 2 - claimants for the death of Shankardas as against the appellant along with Rs. 25,000 as penalty and costs of the proceedings as Rs. 1,000. Interest has also been awarded at the rate of 10 per cent per annum if the amount is not deposited within a period of one month.

2. The instant appeal was admitted for hearing by this court on the following substantial question of law:
“ Whether the Commissioner for Workmen' s Compensation, was not justified to award the compensation on account of death of Shankardas while he was working as workman at the time of accident?”

3. Indisputably, on 6.8.2006, i.e., the date of accident, deceased Shankardas was working as labourer / workman under the employment of appellant and was employed for road widening work at Power House Road, Korba (CG).

4. According to respondent Nos. 1 and 2 - claimants, deceased sustained injuries while working on the mixture machine whereas as per the appellant,