IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Appeal From Order No. 464 of 2008 Uttarakhand Forest Development Corp. … Appellant Vs Smt. Vidhanaswari & others … Respondents Mrs. Seema Sirohi, learned counsel for the appellant Hon’ble B.C. Kandpal, J. This appeal under Section 30 of the Workmen’s Compensation Act, 1923 has been filed by the appellant against the judgment and award dated 27.10.2008 passed by Workmen Compensation Commissioner, Udham Singh Nagar in W.C.A. No. 11 of 2006, Smt. Vidhanaswari & others Vs Forest Corporation through its Secretary whereby the learned Commissioner awarded a sum of Rs. 3,16,672/-. 2. Brief facts of the case are that the deceased - Mukesh Rana died on 27.01.2006 during the course of his employment under the supervision of appellant/Uttarakhand Forest Development Corporation, therefore, the claimant/respondent filed the claim petition before the learned Workmen Compensation Commissioner for a sum of Rs. 6,00,000/- as compensation. Thereafter both the parties led evidence in support of their case. On the basis of the material available on record, the learned Commissioner decreed the claim petition for a sum of Rs. 3,16,672/- as compensation in favour of the claimants and against the appellant vide judgment and award dated 27.10.2008. 3. Feeling aggrieved by the aforesaid judgment and award, the appellant preferred this appeal before this Court. 2 4. Heard Mrs. Seema Sirohi, learned counsel for the appellant and perused the record. 5. After hearing learned counsel for the appellant at great length, I do not find any force in this appeal. The learned Workmen Compensation Commissioner on the basis of the material available on record awarded the amount of compensation as per rule. It is admitted fact that the deceased was working under the employment of the appellant and the learned Workmen Compensation Commissioner on the basis of the facts and circumstances of the case considered minimum wages of Rs. 2899/- of the deceased in order to calculate the amount of compensation. The learned Workmen Compensation Commissioner calculated the amount of compensation considering the factor provided in Workmen’s Compensation Act, 1923 and awarded Rs. 3,16,672/- in favour of the claimants. I also do not find any calculation error in the impugned judgment and award. I do not find any illegality in the impugned judgment and award. The amount awarded by the Commissioner is perfectly justified. I am in total agreement with the findings recorded by the learned Workmen Compensation Commissioner. The appeal lacks merit and is liable to be dismissed. 6. Accordingly, the appeal is dismissed at the admission stage. (B.C. Kandpal, J.) 01.12.2008 ASWAL