1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR First Appeal No. 1519/2008 (M/s Asha Industries MIDC VERSUS Deorao Ramaji Moon & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.R. Mundra, counsel for the appellant. Shri R.D. Dharmadhikari, counsel for the R-1 & 2. CORAM : SMT. VASANTI A. NAIK, J. DATE : JANUARY 12, 2009. Heard the learned counsel for the parties. By this appeal, the appellant challenges the judgment passed by the Commissioner, Workmen's Compensation, Wardha on 08.11.2006 directing the appellant to pay an amount of Rs.1,06,980/- to the respondent nos.1 and 2 with 9% interest per annum from the date of the accident till the realisation of the amount. It was the case of the respondent nos.1 and 2, the parents of deceased Vikas, who worked with the appellants, in the claim petition that the wages were payable to Vikas @ Rs.2,200/- per month. It was pleaded that while Vikas was working on a hand 2 grinding machine, the wheel of the machine broke down and fell on the head of Vikas, as a result of which, Vikas died. It was pleaded that the machine was old and faulty. A crime was registered against the appellants under Section 304-A of the Penal Code. The claimants, therefore, sought an amount of Rs.1,98,194/- towards compensation. The appellants filed their reply and denied the claim of the respondent nos.1 and 2. The relationship between Vikas and the appellants was, however, not denied. It was pleaded that the monthly salary of Vikas was not Rs.2,200/- per month but, it was Rs.1,750/- per month. The appellants pleaded that the accident was caused due to the negligence of deceased Vikas. The appellants then pleaded that they had deposited an amount of Rs.80,088/- in the Court and, therefore, a total compensation of Rs.90,088/- was paid by them as an amount of Rs.10,000/- was paid to the respondent 3 nos.1 and 2 on 10.12.1996. The appellants pleaded that the Insurance Company was also responsible for payment of compensation. The Commissioner, Workmen's Compensation, after framing the issues and perusing the evidence tendered by the parties on record, held that Vikas died during the course of employment and did not die because of his negligence. The Commissioner, Workmen's Compensation further held that the deceased was 20 years of age at the time of accident. The Commissioner, Workmen's Compensation accepted the case of the appellants that the monthly salary of Vikas was Rs.1,750/- per month. The Commissioner, Workmen's Compensation then held that the applicant no.2, the respondent no.2, was dependent on Vikas. The Court held that an amount of Rs.1,97,068/- was payable to the respondent nos.1 and 2 but, since an amount of Rs.90,088/- was paid, the Commissioner, Workmen's 4 Compensation directed the appellants to pay an amount of Rs.1,06,980/- to the respondent nos.1 and 2. The Commissioner, Workmen's Compensation relied on the judgments of this Court as also the Hon'ble Supreme Court to hold that the Insurance Company was not liable to pay the interest to the respondent nos.1 and 2. I have considered the submissions made on behalf of the parties and have perused the order passed by the Commissioner, Workmen's Compensation, Wardha on 08.11.2006. The findings recorded by the Commissioner, Workmen's Compensation, Wardha do not give rise to any substantial question of law. Since no substantial question of law arises for consideration in the first appeal, the same is dismissed with no order as to costs. JUDGE APTE