IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA FAO No. 105 of 2007 Date of decision: 14.3.2008 New India Assurance Company ..Appellant Versus Smt. Gora Devi and another ..Respondent Coram The Hon’ble Mr. Justice Deepak Gupta, Judge. Whether approved for reporting?1 For the appellant: Mr. K.D.Sood, Advocate For Respondent No.1: Mr. T.S.Chauhan, Advocate. For Respondent No.2: Mr. K.B.Khajuria, Advocate Deepak Gupta, J. (Oral) This appeal is directed against the order of Commissioner under the Workmen’s Compensation Act whereby he has allowed the petition filed by respondent Gora Devi and awarded a sum of Rs. 4,33,120/- to her alongwith the interest. The substantial questions of law which have been framed in appeal are as under:- 1. Whether on the proper construction of the policy of the Insurance whether the insured had obtained a policy of nine workers by paying premium of Rs. 2,83,500/- with per person monthly wages of Rs. 2625/-, 50% of which would 1 Whether the reporters of the local papers may be allowed to see the Judgment? 2 be Rs.1312.50/- and the amount payable would be Rs.2,84,694/- and not Rs.4,33,120/- ? 2. Whether on a proper construction of the policy of insurance and the evidence on record, the findings of the tribunal that the salary/wages of the deceased Thakur Dass per month was Rs. 4,000/- is correct and the amount payable would be Rs. 4,33,120/-? 3. Whether the compensation determined at Rs. 4,33,120/- is correct as per the provisions of Section 4 of the Workmen’s Compensation Act ? It is obvious that the main ground raised by the appellant is that there were policies of insurance taken out by the insured whereby workers with maximum wages of were Rs. 2,685/- and Rs. 3,000/- per month were insured and there was no policy of insurance for workers with wages of Rs.4,000/- per month. Record was called for. On perusal of the record it is found that only two policies as Ex. RA and R-2 have been proved. The policies cover employees with wages less than Rs. 4,000/-. There is no stipulation of the wages being Rs. 2,685/- or Rs. 3,000/-. The learned Commissioner has granted compensation by taking wages at Rs. 4,000/- per month. Mr. K.D.Sood, Advocate, has urged that since the wages covered were less than Rs. 4,000/-, the wages could not have been taken at Rs. 4,000/-. Even 3 Rs. 3,999.90 paise would be less than Rs. 4,000/-. This amount makes no difference to the merits of the case. Therefore, I find that no question of law much less substantial question of law arises in this appeal. The appeal is accordingly rejected. CMP No. 1153 of 2007 Out of the amount lying in deposit, a sum of Rs. 1,00,000/- be released in favour of the claimant by remitting the same to her bank account, details whereof have been given in the application. The balance amount shall be kept in fixed deposit for a period of 3 years at the first instance and the interest accrued thereupon shall be remitted to the applicant on quarterly basis. The application stands disposed of. March 14, 2008(K) ( Deepak Gupta ), J.