ORIENTAL INSURANCE COMPANY LTD. Vs. MANHBAR DEVI

JUDGEMENT

(1.) Instant miscellaneous appeal has been filed by Insurance Company under Sec. 30 of the Employee's Compensation Act, 1923, assailing the award dtd. 12/9/2017 passed by the Court of Commissioner, the Employee's Compensation Act, 1923 Jaipur District-II, Jaipur awarding compensation of Rs.3,44,855.00 to claimants with interest @12% per annum and along with the order to make payment of the medical expenses also.

(2.) Before considering the appeal on merits, it is necessary to look into the scope of interference by the High Court in the appeal under Sec. 30 of the Employee's Compensation Act, 1923 (for short, "the Act of 1923"). It is no more res Integra that such appeal to the High Court, against the order of the Commissioner, lie only against the specific orders set out in Clause (a) to (e) of Sec. 30 of the Act of 1923 with a further rider contained in Proviso-I of Sec. that the appeal must involve substantial question(s) of law. The position of law is well settled that the appeal provided under Sec. 30 of the Act of 1923 to the High Court, against the order of Commissioner is not like a regular first appeal akin to the first appeal filed under Sec. 96 of the Code of Civil Procedure, 1908. The regular civil first appeal under Sec. 96 of CPC can be heard both on facts and law whereas the scope of appellate court to decide the appeal under Sec. 30 of the Act of 1923 is confined only to examine the substantial question(s) of law arising in the case. It is therefore, clear that the High Court is first required to find out as to whether the present appeal involves any substantial question(s) of law or not? If the substantial question(s) of law arises, the appeal may be admitted for final hearing on merits else the same is liable to be dismissed with reasons that it does not involve any substantial question(s) of law.

(3.) Now coming to the appeal at hand, the Insurance Company has suggested following questions of law for consideration by this Court:-