STATE OF M P Vs. DHARMADEV DAS

JUDGEMENT

(1.) Appellant-State has filed this appeal under Section 30 of the Workmen's Compensation Act, 1923 challenging the award dated 1-2-2000 passed by the Commissioner for Workmen's Compensation, Gwalior in Case No.7/ WCA/1996 (Fatal).

(2.) Brief facts of the case are that one Makravada Dam situated at Guna belongs to the appellant State of the Fisheries Department. The State has given the said dam on royalty basis to respondent No.3 for fishing purposes. One Mithilesh was employed by the said contractor for fishing purposes. On 5-2-1995 when the deceased was involved in fishing activities in the said dam, the boat turned turtle and the deceased drowned and thereafter, parents of the deceased filed a petition before the Commissioner for Workmen's Compensation claiming compensation. The Commissioner found that the accident look place during the course of the employment, therefore, the respondents are jointly and severally liable for payment of compensation and awarded compensation of Rs. 83,192/- alongwith six per cent interest and fifty per cent penalty thereon against which State has filed this appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter, referred to as the 'Act').,

(3.) Appeal under Section 30 of the Act can only be filed when substantial questions of law are involved in the appeal. We have perused the substantial questions of law framed by the appellant and according to us only substantial question of law involved in the appeal is whether the relationship of employer and employee is established between the appellant-State and the deceased and whether the appellant-State is liable for payment of compensation.