1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR First Appeal No. 234/2010 (Pralhad Tulshiram Ingle VERSUS Divisional Controller, M.S.R.T.C.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Anil S. Mardikar, counsel for the appellant. Shri S.N. Gaikwad h/f Shri V.G. Wankhede, counsel for the respondent. CORAM : SMT. VASANTI A. NAIK, J. DATE : MARCH 26, 2010 . Heard the learned counsel for the parties. By this appeal, the appellant challenges the order passed by the Commissioner, Workmen’s Compensation, Akola dismissing the application filed by the appellant for compensation of Rs.1,95,684/- with interest in view of the permanent disability suffered by the appellant in an accident arising out of and during the course of the employment. The appellant was working as a conductor with the respondent-Corporation since the year 1979. It is not in dispute that there was an accident to the bus in which the appellant was acting as a conductor on 12.10.1986. Immediately, in a few days after the accident, the appellant joined his duties on the basis of a certificate issued by the Civil Surgeon, Akola that the appellant was fit to join duties. 2 The application for grant of compensation is filed by the appellant in the year 2000 on the ground that he had sustained injuries to his lumber canal with leg cramps and suffered from severe lumber spondylitis. The Corporation denied the case of the appellant and submitted that the appellant was physically fit and working as a conductor even after the accident from 1986 to 1999 and had filed the case for compensation in the year 2000 on a false plea that he had suffered from lumber spondylitis and other related diseases as a result of the accident which occurred on 12.10.1986. The appellant examined the retired civil surgeon and a private medical practitioner to prove his case. The respondent-Corporation examined the Divisional Traffic Superintendent and also produced certain documents on record. On an appreciation of the evidence on record and specially after considering the admissions of the Doctors examined by the appellant, in their cross-examination, the Commissioner, Workmen’s Compensation held that the appellant had failed to prove that he had sustained 100% disability due to the accident which occurred in the year 1986. 3 The findings recorded by the Commissioner are based on a proper appreciation of the evidence tendered by the parties on record. Since a first appeal under Section 30 of the Workmen’s Compensation Act can be admitted only if a substantial question of law is involved in the appeal, this appeal is liable to be dismissed. The same is dismissed with no order as to costs. JUDGE APTE