1 ndm 32 fa.1624.10 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1624 OF 2010 Smt. Gyanmati Paltu @ Vikram Chaurasia anr Vs. M/s. Yamuna Construction and anr Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. T.J. Mendon for the Appellants. CORAM : A.S.OKA, J. DATE : 21 st December, 2010. P.C. 1 Heard the learned counsel appearing for the Appellants. 2 Affidavit of service is filed. None appears for the Respondents. Notice for final disposal was issued. 3 While deciding the application for distribution filed by the Appellants (original claimants), the learned Commissioner came to the conclusion that the first Appellant has not established that she is the widow of the deceased and that the parents of the deceased have expired. The said conclusion has been recorded on the basis of the documents on record. 4 From the findings recorded by the learned Commissioner, it appears that the first Appellant will have to adduce evidence 2 and establish that she alongwith the other Appellant are the only persons entitled to receive compensation on account of death of the deceased. 5 Hence, I pass the following order: i. The impugned order dated 3 rd October, 2009 is quashed and set aside and the Appellants are permitted to adduce further evidence in support of the case that they are the only persons, who are entitled to receive compensation; ii. After giving an opportunity to the Appellants to adduce further evidence, the learned Commissioner will pass a fresh order on application at Exhibit U-1 as expeditiously as possible ; iii. Appeal is partly allowed on above terms with no order as to costs. [ A.S.OKA, J ]