C A V Judgment

Per Parth Prateem Sahu , Judge

1. Appellants/claimants have filed this appeal under the provisions of Section 30 of the Employee's Compensation Act, 1923 (hereinafter referred to as 'E.C. Act') (prior to

18.01.2010 known as Workmen's Compensation Act) challenging the impugned order/judgment dated 16.04.2014 passed by the Commissioner for Employees' Compensation Act, Labour Court, Bilaspur, Chhattisgarh (hereinafter referred to as 'Commissioner') in Case No.45/W.C.Act/2009 Fatal Claim, whereby the learned Commissioner dismissed the application filed under Section 10 of the E.C. Act.

2. Facts relevant for disposal of this appeal, are that, on

15.06.2008, at about 9.30 AM, Bhupendra Sahu and Kesar Bai went on first floor of building to bring the wood near under-construction lift area. They fell down along with the false ceiling of floor and suffered grievous injuries. They were taken to hospital, where doctors have declared Bhupendra Sahu dead.

3. Appellants/claimants filed an application under Section 10 of the E.C. Act before learned Commissioner pleading therein that they are widow and children of late Bhupendra Sahu. On the date of accident i.e. 15.06.2008, deceased was