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2012 DIGILAW 466 (MP)

New India Assurance Co. Ltd. v. Kamla Bai

2012-04-30

PRAKASH SHRIVASTAVA

body2012
ORDER 1. This MA under section 30 of the Workmen’s Compensation Act 1923, has been filed against the awarded dated 12.5.2005 passed by the Commissioner for Workmen’s Compensation, Indore awarding a sum of Rs.2,49,400/- along with 12% interest from the date of accident to the respondents No.1 and 2 claimants. 2. The respondents No.1 and 2 had filed the Claim Petition before the Commissioner for Workmen’s Compensation stating that the husband of the respondent No.1 employed as driver in respondent No.3’s Truck No.MKO 9085 had met with accident on 4.6.2004 and died on the spot. The claim of the respondent No.1 and 2 was opposed by the appellant and respondent No.3. 3. The Commissioner after examining the evidence on record, reached to the conclusion that the deceased was employed by respondent No.3 and had died during the course of employment. 4. The income of the deceased was found to be Rs.4,000/- and his age was found to be 58 years. Accordingly the Commissioner held that the respondent No.1 and 2 claimants, were entitled to a sum of Rs.2,49,400/-. The Commissioner has also awarded 12% interest on the said amount from the date of accident. 5. Learned counsel appearing for the appellant submits that the Commissioner has committed an error in holding that the income of the deceased was Rs.4,000/-. This being an appeal under section 30 of the Act, the appellant was required to point out the question of law involved in the matter. The Commissioner has recorded a finding of fact in respect of the income of deceased. The said finding has been arrived at after taking note of the evidence which has come on record. Nothing has been pointed out to show that the said finding of fact is either erroneous or perverse. 6. Consequently it is found that the appeal does not involve any question of law requiring consideration of this Court and an issue which appellant is raising is concluded by the finding of fact recorded by the Commissioner. 7. The appeal is accordingly dismissed.