- (1.) Unless the Litmus Test as set out in the first proviso of Section 30 of the Workmen's Compensation Act, 1923 hereinafter referred to as the 'said Act', is passed there is hardly any scope of entertaining an appeal under the said Act. To put it simply there must be substantial question of law involved which would persuade the Court to interfere with and finding returned by the learned Commissioner under the said Act.
(2.) Far less than being substantial there is hardly even any question of law which would permit us to look into the order of the Commissioner in connection with Claim Case No. 308 of 2001 passed on 24th June, 2010 in connection with the award of compensation passed in favour of the respondent.
(3.) But as a First Court of Appeal we have to not only give our reasons but set out the facts on the basis of which we would conclude in the aforesaid direction. The Respondent was working as a Steward in one of the vessels owned by the Appellant and in course of his work on 27th December, 1999 on account of suffering from chest pain he swooned and fell down on board resulting in injuries on his head, back and chest. This saw him incapacitated due to the accident to the level of 100% as certified by P.W. 2, Dr. H.K. Mukherjee, an Orthopadic Surgeon. On the basis of the Claim Petition, filed by the Respondent, the Commissioner, Workmen's Compensation, First Court West Bengal in Claim Case No. 308 of 2001 directed that the Respondent would be entitled to a compensation of Rs. 12 lacs along with an interest of 12% after one month from the date of passing of the order. While concluding in the aforesaid direction the learned Commissioner opined that as the Appellant suffered loss of earning capacity to the extent of 100% and after taking into account the evidence of P.W. 1, the claimant himself and also the deposition of O.P.W. 1, the Deputy Manager, Human Resource of the Appellant's Company found that the criteria in respect of claim made under the said Act having been fulfilled, passing of the award was necessitated.;