Administrator, Municipal Council vs Uma Devi

Dwarka Prasad, J.—This is an appeal against the award passed by the Workmen''s Compensation Commissioner. It is not disputed that Mithalal deceased was working as a Sub-Nakedar in the Municipal Council, Udaipur, while he was going to join his duties on 10.6.1978 at about mid-night. Mithalal met with an accident and was run over by a scooter, as a result of which he died after two days. In view of the fact that Mithalal was going to join his duties at the octroi out post of the Municipal Council, the Commissioner has rightly held that the deceased met with an accident in the course of his employment. The deceased Mithalal was an employee of the Municipal Council, Udaipur and as he died as a result of the accident which occurred during the course of his employment, the heirs of deceased Mithalal are entitled to compensation.

At the time of his death Mithalal was drawing salary of Rs. 329/- per month in the grade of Rs. 300-400/-. Thus, the widow of Mithalal deceased, Uma Devi, is entitled to compensation in the sum of Rs. 19,200/- according to the relevant entry in Schedule IV of the Workmen''s Compensation Act, 1923. The Commissioner appointed under the Workmen''s Compensation Act has, therefore, rightly held that the widow of deceased Mithalal is entitled to Rs. 19,237.50 inclusive of court-fees. There is no reason to interfere with the award passed by the Commissioner appointed under the Workmen''s Compensation Act, 1923, dated 24th June, 1982 in the present case.

u/s 30 of the Act, no appeal shall lie against any order unless a substantial question of law is involved in the appeal In the present case I find no substantial question of law in this appeal as such the appeal has no merit and the same is dismissed. The parties are left to bear their own costs of this appeal.