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2022 Supreme(Raj) 1922

SUDESH BANSAL
Oriental Insurance Company Ltd – Appellant
Versus
Manhbar Devi – Respondent


Advocates appeared:
Pratap Singh Arya, Advocate, Govind Khandelwal, Advocate

JUDGMENT

Sudesh Bansal, J. - Reportable

1. Instant miscellaneous appeal has been filed by Insurance Company under Section 30 of the Employee's Compensation act, 1923, assailing the award dated 12.09.2017 passed by the Court of Commissioner, the Employee's Compensation act, 1923 Jaipur District-II, Jaipur awarding compensation of Rs.3,44,855/- to claimants with interest @12% per annum and along with the order to make payment of the medical expenses also.

2. Before considering the appeal on merits, it is necessary to look into the scope of interference by the High Court in the appeal under Section 30 of the Employee's Compensation act, 1923 (for short, 'the act of 1923'). It is no more res integra that such appeal to the High Court, against the order of the Commissioner, lie only against the specific orders set out in Clause (a) to (e) of Section 30 of the act of 1923 with a further rider contained in Proviso-I of Section that the appeal must involve substantial question(s) of law. The position of law is well settled that the appeal provided under Section 30 of the act of 1923 to the High Court, against the order of Commissioner is not like a regular first appeal akin to the first appea

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