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2024 Supreme(Raj) 374

NUPUR BHATI
Heera Regar, S/o. Shri Moola Regar – Appellant
Versus
Badri Lal, S/o. Shri Hansraj Jat – Respondent


Advocates Appeared:
For the Appellants : Mr. Avinash Bhati on behalf of Mr. Ramesh Purohit.
For the Respondents: Mr. Shubhankar Johari, R-2.

JUDGMENT :

(Nupur Bhati, J.) :

1. The appellants/claimants have preferred the instant misc. appeal under Section 30 (A) of the Workmen’s Compensation Act, 1923 (‘Act pf 1923’) for enhancement of the compensation awarded by the learned Workman Compensation Commissioner, Bhilwara vide its judgment and award dated 24.08.2015 passed in Claim Case No.ECA/F-110/2012, whereby the Commissioner has awarded compensation to the tune of Rs.4,19,840/-in favour of claimants alongwith interest @ 12% per annum from the date of filing claim petition i.e. 05.11.2010 and imposed penalty of Rs.50,000/- on the non-claimant No.1.

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 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 th

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