1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.10 OF 2010 WITH CIVIL APPLICATION NO.3596 OF 2009 The New India Assurance Company Limited )..Appellants Vs Mr.Mahesh Bhagwandas Govind & Anr. )..Respondents ---- Mrs.Poonam Mittal for the appellants. Mr.R.S.Chahal & Rina Kundu for the respondents. ---- Coram : R.S.MOHITE,J Date : 7th January, 2010 PC 1 This is an appeal filed by the Insurance Company. Though the same is a First Appeal, being filed under Section 30 of the Workmens Compensation Act 1933, the same can be entertained only if there is a substantial question of law. It is contended that on the date when the workman died, it being Sunday there was a holiday and no work was being done on the site. The workman in question was working as a Carpenter and he died by falling from the 3rd floor. On behalf of the workman, an officer of the employer being the supervisor was examined and he confirmed that it was a working day at the construction site. Even the surveyor of the insurance company has recorded the statement of this 2 witness and in his own evidence he has confirmed that the supervisor has informed him that it was a working day. Reliance was placed upon some police statements which was neither produced nor proved. In the circumstances, there is no substantial questions of law involved. Hence, First Appeal is summarily rejected. Respondents will be at liberty to withdraw the amount which is deposited in this Court. If any amount remains due and payable after withdrawal, he will be entitled to execute the judgment and decree. CIVIL APPLICATION NO.3596 OF 2009 1 As First Appeal is rejected, this Civil Application does not survive and stands disposed off accordingly. (R.S.MOHITE,J) 3