Vivek Singh Thakur, Judge

Appellants have approached this Court against dismissal of their claim filed under Workmen Compensation Act, 1923 (in short ‘WC Act’) vide award dated 12th August, 2013 passed in Case No. WC Act/0300041/2012 titled Geeta Devi and others vs. Deputy Commissioner and another.

Brief facts of the case are that appellants are surviving legal heirs of deceased Ramesh Chand who had been employed as labourer through Mahatma Gandhi National Rural Employment Guarantee Act (in short ‘MNREGA). On 7th February, 2009, while he was on duty in course of his employment under MNREGA Scheme and was doing work of cutting, a boulder from upper side fell and struck on the chest of the deceased. Immediately after the occurrence deceased was brought to hospital, where he died.

In aforesaid facts and circumstances, claim petition was filed for grant of compensation along with interest at the rate of 12% per annum from the date of accident till its realization and to impose penalty to the extent of 50%.

It has been claimed by appellants that at the time of accident, 44 years old deceased was workman as defined under WC Act. It is further case of the appellants that no notice under Sect