Bela M. Trivedi, J. - (1.) THE present appeal has been filed by the appellant -non -applicant under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the said Act') challenging the judgment dated 20.1.10 passed by the Commissioner, Workmen Compensation, Alwar (hereinafter referred to as 'the Commissioner') in case No. WCA/F/12/2009, whereby the Commissioner has awarded the compensation to the tune of Rs. 3,11,970/ - for the death of Shri Kanwar Singh Yadav, husband of the respondent No. 1 -claimant. The case of the respondent No. 1 -claimant, was that Kanwar Singh was working with the appellant and he died as a result of the accident which was caused during the course of his employment. She, therefore filed the claim petition claiming the compensation for the death of her husband.
(2.) THE learned counsel Mr. Inderjeet Singh for the appellant submits that the Commissioner has awarded the compensation assuming the income of the deceased to be Rs. 3,000/ - per month, though no documentary evidence was produced by the respondent -claimant to show the income of the deceased. He also submitted that the Commissioner had awarded the compensation on the very higher side on the basis of conjectures and surmises. This court does not find any substance in the present appeal inasmuch as the appellant had not led any evidence to show that the deceased was not its employee. So far as the income of the deceased is concerned, the Commissioner has taken into consideration the minimum wages prevailing at the relevant time and taking into consideration the age of the deceased as per the certificate issued by the Gram Panchayat. The compensation awarded by the Commissioner being just and proper and the learned counsel for the appellant having failed to point out any question of law much less substantial question of law, the present appeal deserves to be dismissed. In view of the above, the appeal is dismissed.;