Unied India Insurance Co. Ltd. vs Manju Devi and Others

R.P. Misra, J.—This first appeal from order has been filed challenging the award made by Workmen''s Compensation Commissioner awarding a sum of Rs. 3,89,962 as compensation on account of death of one Bal Govind.

The facts are that the deceased was in employment as a driver of the truck belonging to respondent No. 6 which was insured with appellant company. An accident took place on 30.3.2003 while the deceased was going to load sand with another truck which was being driven negligently which resulted in death. The dependants of the deceased filed claim petition under Workmen''s Compensation Act claiming compensation of a sum of Rs. 4,40,000 along with 12% interest and 50% penalty.

The Commissioner has recorded a finding that an accident took place during the course of employment. The Commissioner further found that deceased was drawing his salary of Rs. 3,500 per month and Rs. 25 per day as "KHURAKI". On perusal of impugned award, we find that the findings have been recorded by the Commissioner after proper appraisal of evidence brought on record and there is no illegality in the same.

It is well settled that an appeal u/s 30 of the Act before this Court lies on substantial question of law. The three questions framed in the memo of appeal are not even questions of law, much less than substantial question of law. The appeal, therefore, is not maintainable and is devoid of any force and is accordingly dismissed.