The limited jurisdiction of the High Court to examine substantial questions of law only under Section 30 of the Workmen's Compensation Act, 1923.

JUDGMENT :

1. This Civil Misc. Appeal has been filed by the appellant-Insurance Company (for short ‘the Insurance Company’) u/s 30 of Workmen’s Compensation Act, 1923 (for short, the Act of 1923) against the judgment dated 26.09.2017 passed by learned Workmen Compensation Commissioner, Sikar (for short ‘the Commissioner’) in claim case No. W.C.C./N.F./13/2014 titled as “Sanwarmal Vs. Mukesh and Anr., whereby learned Commissioner has awarded a sum of Rs.4,96,591/-with interest @ 12% P.A. from the date of accident in favour of the claimant-respondent No.1 (for short ‘the claimant’). IN addition to the above, a sum of Rs.52,330/-has also been awarded under the head of medical expenses.

2. Learned counsel for the Insurance Company submits that in the insurance policy risk of the helper was not covered as no premium was charged by the insurance company in this regard. He further submits that the FIR was lodged after three months, for which no reasonable explanation was given. The income of the injured has also been assessed at higher side. Hence, the appeal be allowed and judgment dated 26.09.2017 passed by learned Commissioner be set aside.

3. At the outset, learned counsel for the claimant submits that no substantial question of law is involved in this appeal. The appeal has been submitted on the findings of facts. In support of his contentions, counsel for the claimant has placed reliance on the judgments delivered by the Hon’ble Apex Court in the cases of Golla Rajanna Etc. vs. The Divisional Manager And Anr. reported in 2017 (1) SCC 45 and North East Karnatka Transport Corporation Vs. Smt. Sujatha reported in 2019 (11) SCC 514.

4. Heard counsel for the parties and perused the impugned judgment including the documents available on the record.

5. In the considered opinion of this Court, the findings given by the learned Commissioner are based on sound appreciation of evidence and the same are not liable to be disturbed by this Court.

6. In the opinion of this Court also, the learned Commissioner is the last authority on facts as it has been held by the Hon'ble Supreme Court in the case of Golla Rajanna Etc. (supra):

"8. Section 30 of the Act provides for appeal to the High Court. To the extent, the provision reads as follows;

30. Appeals.-(1) An appeal shall lie to the High Court from the following orders of a Commissioner, namely:

(a) an order awarding as compensation a lumpsum whether by way of redemption of a half-monthly payment or otherwise or disallowing a claim in full or in part for a lump sum;[(aa) an order awarding interest or penalty Under Section 4A;]

(b) an order refusing to allow redemption of a half-monthly payment;

(c) an order providing for the distribution of compensation among the dependants of a deceased workman, or disallowing any claim of a person alleging himself to be such dependant;

(d) an order allowing or disallowing any claim for the amount of an indemnity under the provisions of Sub-section (2) of Section 12; or

(e) an order refusing to register a memorandum of agreement or registering the same or providing for the registration of the same subject to conditions:

Provided that no appeal shall lie against any order unless a substantial question of law is involved in the appeal and in the case of an order other than an order such as is referred to in Clause (b),unless the amount in dispute in the appeal is not less than three hundred rupees (Emphasis supplied)

10. Under the scheme of the Act, the workmen's Compensation Commissioner is the last authority on facts. The Parliament has thought it fit to restrict the scope of the appeal only to substantial question of law, being a welfare legislation. Unfortunately, the High Court has missed this crucial question of limited jurisdiction and has ventured to re-appreciate the evidence and recorded its own findings on percentage of disability for which also there is no basis. The whole exercise made by the High Court is not within the competence of the High Court under Sectio