1 F.A.1373.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 1373 OF 2011 WITH CIVIL APPLICATION NO.1519 OF 2007 1. Jintoor Taluka Co. Op. Ginning Pressing Society Ltd. Jintoor and another ...APPELLANTS. VERSUS 1. Gangabai W/o Piraji Waghmare and others. ...RESPONDENTS. ... Shri. C.G.Patil, Advocate for appellants. Shri. S.P.Deshmukh, Advocate for Respondents. ... CORAM: R.M.BORDE, J. DATE : 2ND AUGUST, 2011. PER COURT : 1. This is an appeal preferred by the employer raising exception to the Judgment and Award dated 12.09.2006, passed by Ex-Officio Commissioner for Workmen’s Compensation, Parbhani, in F. A. No.14 of 1997. 2 F.A.1373.11 2. Respondents-original claimants filed petition under section 4 of the Workmen’s Compensation Act, claiming compensation to the tune of Rs. 2,07,024/-. According to claimants, the deceased-Piraji was employed as wireman with Ginning Factory at Bori, since last four to five years and he was receiving Rs.1600/- per month. On 18.05.1996 at 4.00 p. m., while he was placing tin-sheets on the roof of factory, he lost his balance and fell down on machine of Ginning, which resulted into sustaining serious injuries by the deceased. The deceased died due to injuries sustained by him, while he was taking treatment on 19.05.1996, in Civil Hospital. Age of the deceased employee at the time of death was 44 years. The claimants claimed compensation from the employer as stated above. 3. The appellant-employer resisted claim presented by the claimants and contended that the deceased was not working as wireman in the factory and he was causal labour, employed by the employer and the deceased was not getting Rs.1600/- per month. On consideration of evidence led by respective parties, the Commissioner Workmen’s Compensation arrived at conclusion that claimants are entitled to receive compensation on account of accidental death of the deceased and as such passed award entitling the claimants to receive Rs.65,730/- along with simple interest at the rate of Rs.12% p.a. from the date of accident till the date of realization of the 3 F.A.1373.11 amount. 4. I have perused the judgment and award passed by the Commissioner Workmen's Compensation. It is contention of the employer that the deceased was not on duty and accident has not occurred during course of employment and he was appointed only for the period during cotton season. It is contention of the employer that the deceased was casual worker and he was not workman within purview of the employment. As such, job performed by him during course of duty was out of purview of employment. Contentions raised by the employer has not been substantiated. According to the claimants, the death of deceased caused during course of employment and he (deceased) sustained injuries during performance of his work at the factory premises. It is immaterial as to whether he was asked to perform particular job or not. It cannot be said that function being carried out by employee at the instance of employer was outside the scope of employment. So far as quantum of compensation is concerned, as per employer the deceased was getting wages Rs. 25/- plus over time Rs.25/- per day. On consideration of wages earned by the employee, the Commissioner has passed award and directed the employer to pay amount of compensation. It has not been bought to notice of this Court by the appellants that appeal does involve any substantial question of 4 F.A.1373.11 law. The appeal being devoid of substance, stands dismissed. . Pending Civil application, if any, stands disposed of . Sd/- [ R.M.BORDE, J. ] MTK