Rajasthan High Court

Bhikha Ram And Another vs Sunil Kumar And Another on 4 July, 2022

Bench: Anoop Kumar Dhand

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 3219/2014

1. Bhikha Ram S/o Jetharam, aged 53 years, R/o Siddharth
Colony, Sodala, Jaipur
2. Mirdha Devi W/o Bhikharam, aged 51 years, R/o Siddharth
Colony, Sodala, Jaipur
                                                    ----Appellants/Claimants
                                   Versus
1. Sunil Kumar S/o Malluram, R/o Khichad House, Near Jain PG
College, Ganga Sahar, Bikaner (Employee)
2. Oriental Insurance Company Ltd. Having its regional Office at
Anand Bhawan, Sansar Chandra Road, Jaipur its regional
Manager (Insurer)
                                          ----Respondents/Non-Claimants

For Appellant(s)         :     Mr. Vinay Mathur
For Respondent(s)        :     Mr. Sukh Ram Jatav
                               Mr. Amarnath Pareek

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Judgment

04/07/2022

Matter comes up on application under Section 5 of the

Limitation Act for condonation of delay in filing the appeal.

Application under Section 5 of the Limitation Act stands

allowed for the reasons stated therein. Delay in filing the appeal is

condoned.

At the outset, counsel for the respondents submits that no

substantial question of law is involved in this appeal. The appeal

has been submitted on the findings of facts. In support of his

contentions, counsel for the respondent has placed reliance on the

judgments delivered by the Hon'ble Apex Court in the cases of

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Golla Rajanna Etc. vs. The Divisional Manager And Anr.

reported in 2017(1) SCC 45 and North East Karnatka

Transport Corporation Vs. Smt. Sujatha reported in 2019

(11) SCC 514.

Heard counsel for the parties and perused the impugned

judgment dated 14.03.2014 including the documents available on

the record.

In the considered opinion of this Court, the findings given by

the learned Commissioner are based on sound appreciation of

evidence and the same are not liable to be disturbed by this

Court.

In the opinion of this Court also, the learned Commissioner is

the last authority on facts as it has been held by the Hon'ble

Supreme Court in the case of "Golla Rajanna Etc. vs. The

Divisional Manager And Anr." reported in 2017(1) SCC 45.

It has been held in Para No. 8 & 10 as under:

"8. Section 30 of the Act provides for appeal to the High Court. To the extent, the provision reads as follows;

30. Appeals.-(1) An appeal shall lie to the High Court from the following orders of a Commissioner, namely:

(a) an order awarding as compensation a lump sum whether by way of redemption of a half- monthly payment or otherwise or disallowing a claim in full or in part for a lump sum; [(aa) an order awarding interest or penalty Under Section 4A;]

(b) an order refusing to allow redemption of a half-monthly payment;

(c) an order providing for the distribution of compensation among the dependants of a deceased workman, or disallowing any claim of a person alleging himself to be such dependant;

(d) an order allowing or disallowing any claim for the amount of an indemnity under the provisions of Sub-section (2) of Section 12;

or

(e) an order refusing to register a memorandum of agreement or registering the same or providing

(3 of 5) [CMA-3219/2014]

for the registration of the same subject to conditions:

Provided that no appeal shall lie against any order unless a substantial question of law is involved in the appeal and in the case of an order other than an order such as is referred to in Clause (b), unless the amount in dispute in the appeal is not less than three hundred rupees (Emphasis supplied)

10. Under the scheme of the Act, the workmen's Compensation Commissioner is the last authority on facts. The Parliament has thought it fit to restrict the scope of the appeal only to substantial question of law, being a welfare legislation. Unfortunately, the High Court has missed this crucial question of limited jurisdiction and has ventured to re-appreciate the evidence and recorded its own findings on percentage of disability for which also there is no basis. The whole exercise made by the High Court is not within the competence of the High Court under Section 30 of the Act."

Similar view has been expressed by the Hon'ble Apex Court

in the case of "North East Karnatka Transport Corporation

Vs. Smt. Sujatha" reported in 2019 (11) SCC 514. It has

specifically held in Para Nos. 9 to 12 as under:

"9. At the outset, we may take note of the fact, being a settled principle, that the question as to whether the employee met with an accident, whether the accident occurred during the course of employment, whether it arose out of an employment, how and in what manner the accident occurred, who was negligent in causing the accident, whether there existed any relationship of employee and employer, what was the age and monthly salary of the employee, how many are the dependants of the deceased employee, the extent of disability caused to the employee due to injuries suffered in an accident, whether there was any insurance coverage obtained by the employer to cover the incident etc. are some of the material issues which arise for the just decision of the Commissioner in a claim petition when an employee suffers any bodily injury or dies during the course of his employment and he/his LRs sue(s) his employer to claim compensation under the Act.

10. The aforementioned questions are essentially the questions of fact and, therefore, they are required to be proved with the aid of evidence. Once

(4 of 5) [CMA-3219/2014]

they are proved either way, the findings recorded thereon are regarded as the findings of fact.

11. The appeal provided under Section 30 of the Act to the High Court against the order of the Commissioner lies only against the specific orders set out in clauses (a) to (e) of Section 30 of the Act with a further rider contained in the first proviso to the section that the appeal must involve substantial questions of law.

12. In other words, the appeal provided under Section 30 of the Act to the High Court against the order of the Commissioner is not like a regular first appeal akin to Section 96 of the Code of Civil Procedure, 1908 which can he heard both on facts and law. The appellate jurisdiction of the High Court to decide the appeal is confined only to examine the substantial questions of law arising in the case."

In "Smt. Ram Sakhi Devi Vs. Chhatra Devi", reported in

JT 2005(6) SC 167, the Hon'ble Apex Court held that without

formulating substantial question of law, appeal cannot be

sustained.

In "M/s Krishna Weaving Mills, Ajmer Vs. Smt.

Chandra Bhaga Devi wide of Mool Chand & Anr.", reported

in 1985(1) WLN 455, this Court while dealing with Workmen's

Compensation Act has laid down law that unless there is as

question of public importance and there is no final interpretation

available while the substantial question of law is arising, the

appeal under the Workmen's Compensation Act cannot be

entertained. Relevant portion of the judgment reads as follows:-

"8. Moreover, under S. 30 of the Workmen Compensation Act only substantial question of law can be agitated. In the present case, I am convinced that there is no substantial question of law involved.

9. The question of public importance and question on which no final interpretation is available are known as substantial question of law. Even if this definition is further extended, it will have to bear in mind that there is vast difference between the question of law and substantial question of law. It is only when the question of law is not well settled

(5 of 5) [CMA-3219/2014]

and it is of importance, it would become a substantial questions of law."

It is the settled position of law that limited jurisdiction has

been given to the High Court confined to the substantial question

of law only and the High Court cannot venture and re-appreciate

the evidence and finding of fact recorded on the evidence led by

both the parties.

This Court find no good ground to call for any interference on

any of the factual findings. None of the factual findings are found

to be either perverse or arbitrary or based on no evidence or

against any provision of law. This Court accordingly upholds these

findings.

Since the appeal is not qualifying to have a substantial

question of law, which is mandatory under Section 30 of the

Workmen's Compensation Act, 1923. Therefore, no interference is

called for in this appeal and the same is dismissed.