^^ AppeSlants PSajntitfs HSGH COURT OF CHHATTSSGARH AT BELASPUR DIVISJON BENCH HON'BLE RAJEEV GUPTA, CJ. HON'BLE SHRI SUNIL KUMAR SINHA, J. Misc. Appeal No. 308 of 2006, 1. Smt. Harjinder Kaur, Aged about 35 years, Wd/o Late Gyan Singh @ Baba Singh. 2. Ku. Rajwant Kaur, aged 17 years (now aged about 19 years) D/o Late Gyan Singh. 3. Ku. Kamlesh Kaw, aged about15 years (now aged about 18 years) D/o Late Gyan Singh. 4. Sukhdev Singh, aged 13 years S/o. Late Gyan Singh. 5. Amrit Pai Singh, aged 11 years S/o. Late Gyan Singh. 6. Mandip Singh, aged 9 years S/o. Late Gyan Slngh. 7. Mandip Kaur, aged 9 years D/o. Late Gyan Slngh No. 4 to 7 are minors Through : Naturai guardian mother Harjinder Kaur, Wd/o. Late Gyan Singh. Respondeiits VERSUS Jasbir Singh, S/o. Gurucharan Singh, Royai Carrier, Tatibandh Raipur, Tahsil and District Raipur (C.G.) Oriental insurance Co. Ltd. Branch office, Madina Bui!ding G.E. Raod, Raipur (C.G.). Miscellaneous ADpeal under Section 30 of the Wyrkrraen's Compsnsatlon Act. Present: Shri Raghavendra Pradhan, counsel for the appeiiants. ^erai*^,. f£ ,^^^> ft^s^ I VS y% j % . ^' ^ ^^' .^ ''-.-s^' ORDER feth (29m July, The following order of the Court was passed by Rajeev Gupta, C.J. Shri Raghavendra Pradhan, iearned counsei for the- appellants is heard on i.A.No.01/2009, an appiication for condonation ofthe delay in filing the appeal. 2) On due consideration of the submissions of iearned counsel for the appellants and the grounds taken in the application, we are satisfied that the appellants have succeeded in showing sufficient cause for the delay in filing the appeal. 3) I.A.No.01/2009, therefore, Is aliowed and the delay in filing the appeai is hereby condoned. 4) Shri Raghavendra Pradhan, learned counsei for the appellants is heard on admission. 5) The appellants are seeking enhancement of the compensatlon awarded by the Commissioner for Workmen's Compensation/ Labour Court, Raipur, vide award dated 30.04.2005, passed in Claim Case NQ.69AA/.C.Act/2003/Fata!. 6) The Commissioner vide impugned award dated 30.04.2005 has awarded compensation of Rs.3,22,298/- to the claimants for the death of deceased Gyan Singh @ Baba Singh, who was employed by respondent No.1 as driver on his Truck. The Commissioner accepting the ciaimants' evidence about the income of the deceased at Rs.3,500/- per month assessed the compensation at Rs.3,22,298/-. The Commissioner further /,i- f directed payment of interest @ 12% per annum on the above amount of compensation of Rs.3,22,298/- and penalty of Rs.20,000/- by respondent No.1- employer ofthe deceased. 7) Shri Raghavendra Pradhan, learned counsel for the appeiiants vehementiy argued that the Commissioner has erred m not taking into consideration the amount of Rs.100/- per day which the deceased was . getting as dally aliowance whlle assessing the compensatlon; in directing the employer to pay interest on the amount of compensation; and in Imposing penalty of Rs.20,000/- oniy. 8) None of the above mentloned grounds pressed into service by iearned counsel for the appeliants can be termed as question of law much iess a substantia! question of !aw. 9) We, therefore, do not find any scope for interference in the matter. 10) The appeal, therefore, is liable to be dismissed and is hereby dismissed summariiy. subbu Sd/- ChiefJustice Sd/- Sunil Kumar Sinha Judge