THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR (CHHAmSGARHl M.A.fQ No. i^fo of 2010 NBgIe Bencb' APPELLANT Non-applicant / : ; /Smt. € Khobragadhe, .•6 ^.; ^ ..^";\i-^ ^•'' .M 's" .••'C a ^•^^ '..-:-^ ^<y ^s^" o13 Shobhataee wife of Bhausahab Khobragadhe, aged about 57 years, Occupation Gitti Mines and Crasher Owner, R/o. House No. 124, EWS Padmanabhpur, Durg, Tahsil and District Durg (Chhattisgarh) Versus Applicants ESPONDENTS :!), Vijay Kumar Chandrakar, S/o. Fakirram Chandrakar, aged about 35 years Rahul Kumar Chandrakar, S/o. Fakirram Chandrakar, aged about 8 years :^) Rohan Kumar Chandrakar, S/o. Fakirram Chandrakar, aged about 4 years (Non-applicants No.2 and 3 minors through their natural guardian father non-applicant No.l Vijay Kumar Chandrakar All' R/o.Village Bharregaon, Tehsil and District Rajnandgaon (Chhattisgarh ) 'l^ APPEAL UNDER SECTION 3Q OF WORKMENS' COMPENSATIQNLAC'I1 t HIGH COURT OF CHHATTI8GARH AT BILASPUR M.A.(C)No. 1210 of2010 APPELLANT (Non-applicant') Smt. Shobhataee Khobragadhe VERSUS RESPONDENTS : Vijay Kumar Chandrakar & others (Applicants') MiSC. APPEALUNDER SECTION 30 OF THEWORKMEN'S COMPENSATION ACT, 1923 fSB:1Ion'bk Mr.Ji.K^A&arwaL_<D Present : Shri HB Agrawal, Sr. Advocate with Shri Pankaj Agrawal, Advocate for the appellant. QRALORDER (Passed on 08.02.2011) Heard on admission. 1. The instant appeal has been preferred by the appellant against the award dated 23.06.2010, p^sed by the Commissioner for Workmen's Compensation, Labour Court, Rajnandgaon, in case No. 76/B/WC AcV2008 (Fatal), awarding Rs. 2,81,980/-as compensation in favour of respondents/claimants along with interest @ 10 percent per annum from the date of application holding the appellant Kable for its payment. 2. Brief facts of the case according to the appellant are that, on 29.09.2007, Smt. Bharteey @ Bharti Chandrakar while workin^ under the employment of appellant, came in contact \vith Crusher Machine, as a result of which she succumbed to the icjuries sustained in the said incident. ,,^%3-3! "%., ft •^ 1 y f ..'^' ^ ^ As against claim of Rs. 2, 81,000/- preferred by the claimants/ respondents against the appellant for the death of deceased in the said incident, the Commissioner for Workmen's Compensation, Labour Court, Rajnandgaon, awarded total amount ofRs. 2,81,981/- as compensation along with interest @ 10 pereent per annum from the date ofapplication. The Commissioner for Workmen's Compensation, on appreciation of the evidence led and material placed by both the parties, held, attendance register were not properly maintained by the employer, the appellant's own witnesses have deposed that approximately 40 persons were working on the date of accident but only a few person's name have been entered in the attendance register and awarded total amount ofRs. 2,81,981/- as compensation along with interest @ 10 percent per annum from the date of application against the appellant, holding deceased as employee, working uader the appellant. The Commissioner, on appreciation ofthe evidende, has rightly held deceased under the appellant's employment on the date ofaccident. A bare perosal ofthe attendance register would reveal that 15-16 names were entered into the attendance register which is contrary to the statement of the witnesses examined by the appellant/employer himself. 6. The appellant counsel failed to point out any illegality, perversity or absurdity in the findings recorded by the Commissioner for Workmen's Compensation, Rajnandgaon. 7. In view of above, since no substantial question of law arises for determination ofthis court. 8. In the result, the appeal being devoid of substance is liable to be and is hereby dismissed. Sd/- N.K.Agarawal Judge Sahu fes-