J & K State Forest Corporation vs Mohd.Rashid

This appeal is directed against the award dated 24:4.2004 propounded by Commissioner Workmen's Compensation Act (Assistant Labour

Commissioner) Kishtwar. By the aforesaid award an amount of Rs, 60,000/ has been awarded as compensation to the respondent.

On going through the award impugned, it is found that the Commissioner has decided the claim petition after analytical appreciation of evidence

in its proper perspective. No substantial question of law is involved in this appeal nor same has been pointed out by Mr. S.C. Gupta, AAG,

learned counsel appearing for the appellant during course of debate. It is pertinent to point out that appeal under section 30 of Workmen's

Compensation Act lies to the High Court only on a substantial question of law and the High Court does not function as a regular court of appeal

with liberty to reappreciate the evidence. Whether misappreciation of evidence raises a question of law depends upon the circumstances of each

case. In such a case, it cannot be contended that Commissioner was bound, as a matter of law, to be have or disbeheve the evidence. So far as

credibility of evidence is concerned, it is mainly a matter for the Commissioner and not for the High court sitting in appeal.

To be a substantial question of law, it may be great public importance or one of which raises so frequently as to affect a large class of people or

be basic to the operation of the Act.

In the facts and circumstances of the case, the appeal is not maintainable for want of substantial question of law involved and is accordingly

dismissed.