Insurance company appealed against compensation award for laborer's death. High Court held appeal lacks substantial question of law. Appeal dismissed.
Appeal against the judgment of the Employees' Compensation Commissioner is rejected.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Misc. Appeal No. 808/2014
The New India Assurance Company Ltd.,through Divisional Manager, Divisional Office First Abhay Chamber, Jalori Gate, Jodhpur (Raj.)
----Appellant
Versus
----Claimants
For Appellant(s) : Mr. Dhanpat Choudhary
HON'BLE MR. JUSTICE P.K. LOHRA
Order
26/11/2018
Appellant-Insurance Company has preferred this appeal under Section 30 of the Employee’s Compensation Act, 1923 (for short, ‘Act of 1923’) to challenge judgment dated 14.02.2014 passed by Employees’ Compensation Commissioner, Rajsamand (for short, ‘learned Commissioner’). By the judgment impugned, learned Commissioner, while adjudicating the claim of respondentclaimants under Section 10 read with Section 22 of the Act of 1923, awarded compensation to the tune of Rs.3,36,000/-with interest @ 12% per annum as well as penalty of Rs.36,000/-.
(2 of 3)
[CMA-808/2014]
Learned Commissioner has fastened liability of compensation on the appellant-Insurer with interest while holding the respondentemployer responsible for payment of penalty amount.
The facts, in brief, giving rise to this appeal are that respondent-claimants preferred claim petition, inter-alia, on the ground that their son Aashish was in employment of third respondent-employer as labourer and during the course of and out of employment he met with an accident resulting in his death as he drowned in a water tank. In the claim petition, age of deceased Aashish was shown as 19 years and his monthly salary @ Rs.3,000/-.
The claim petition was contested by the employer as well as Insurer by submitting their reply.
On the basis of pleadings of rival parties, learned Commissioner settled four issues for determination. The rival parties led their evidence and finally the learned Tribunal, while considering age and wages per mensem of the deceased, applied requisite factor for assessment of compensation. Learned Tribunal, upon appreciation of evidence, decided three issues in favour of respondent-claimants and against Insurer but Issue No.4 was decided in favour of Insurer by absolving it from the liability to pay penalty.
I have heard learned counsel for the appellant, perused the impugned judgment and also examined the record of learned Commissioner.
Upon examining the matter in its entirety, in my opinion, learned Commissioner has not committed any error, much less manifest error of law in applying the requisite factor envisaged under schedule IV of the Act of 1923. Although appellant has
(3 of 3)
[CMA-808/2014]
made endeavour to question finding of learned Tribunal regarding wages per mensem of the deceased, I am afraid, same cannot be construed as question of law much less substantial question of law, inasmuch as, it is a pure and simple question of fact. Upon perusal of the memo of appeal, it is clearly apparent that neither any substantial question of law is proposed, nor forthcoming in the backdrop of facts and circumstances of the case.
An appeal under Section 30 of the Act of 1923 cannot be entertained unless a substantial question of law involved in it. In overall scenario, no substantial question of law is involved in the matter and, therefore, I feel dissuaded to interfere with the impugned judgment, which is based on sound appreciation of evidence.
Resultantly, the appeal fails and same is hereby rejected.
Bharti/-1
2 issues framed by the court
Whether an appeal under Section 30 of the Employee's Compensation Act, 1923 involves a substantial question of law
Whether the findings of the Employees' Compensation Commissioner regarding the deceased's wages and age raise any question of law
2 provisions across 1 enactments
The New India Assurance Company Ltd.
Shri Nathu Lal
Smt. Deu Bai
Alamdar Marble Pvt. Ltd.
P.K. Lohra
As recorded by the court registry
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