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1999 DIGILAW 7 (MP)

TILAK SINGH v. HARDAS CHAMAR

1999-01-06

V.K.AGRAWAL

body1999
AGARWAL, J. ( 1 ) THIS appeal is preferred under section 30 of Workmen's Compensation Act, 1923, against the order dated 26. 2. 98, by the Commissioner, Workmen's compensation (Labour Court), Sagar, in case No. 3 of 1992/wcf, whereby an amount of Rs. 54,331 has been awarded in favour of the respondent-claimant the father of deceased Motilal. ( 2 ) THE respondent-claimant filed a petition before the Commissioner for Workmen's compensation (Labour Court), sagar, alleging that his son Motilal aged about 18 years was employed by the appellant in his mine as a labourer. He died on account of accident by falling into the stone mine. Deceased Motilal was earning Rs. 600 per month. Compensation of rs. 54,331 was accordingly claimed. ( 3 ) THE above application was resisted by the present appellant. It was denied that the deceased Motilal was employed as a labourer by him or died in the course of his employment. It was also denied that he was earning monthly wages of Rs. 600. ( 4 ) LEARNED Commissioner for Workmen's Compensation after recording the evidence and appreciation and scrutiny thereof recorded a finding that Motilal was in the employment of the present appellant and died on account of accident. Accordingly, the petition of the respondent was allowed and compensation, as prayed for, was awarded. ( 5 ) LEARNED counsel for the appellant has strenuously urged that the material and evidence placed on record do not go to show that the deceased was employed by the appellant. It was also urged that there is evidence on record to show that the deceased was studying in school and, therefore, could not be in the employment of the appellant. It has further been urged that the attendance register of the workers in the mine (Exh. D-3) produced by the appellant negatives the finding recorded by the Commissioner for Workmen's Compensation. ( 6 ) HOWEVER, after considering the contentions as above, it is clear that even if motilal was studying in school by itself, it would not conclusively establish that he was not working in the employment of the appellant. The hours of school may not have collided with the working hours of the deceased. Moreover, testimony of the parents of the deceased would indicate that their son deceased Motilal, was in the employment of the present appellant. The hours of school may not have collided with the working hours of the deceased. Moreover, testimony of the parents of the deceased would indicate that their son deceased Motilal, was in the employment of the present appellant. The learned Commissioner after examining the attendance register produced by the appellant, found that the same cannot be relied upon, in view of interpolations therein. The finding of fact as above, recorded by the learned Commissioner is based on proper appreciation of evidence and does not call for any interference. In view of above, the impugned order granting compensation is justified. No substantial question of law is involved in this appeal. ( 7 ) ACCORDINGLY, this appeal has no merit and is dismissed. Parties shall, however, bear their own costs of this appeal in the circumstances of the case. Appeal dismissed. .