- (1.) This misc. appeal U/s.30 of Workmen's Compensation Act has been filed by the appellant insurance company claiming the following reliefs :- "It is, therefore, most respectfully prayed that this appeal may kindly be allowed with costs and the impugned judgment & award dated 11.8.2004 passed by the learned Commissioner, Workmen's Compensation, Udaipur in WC No.18./2001 may kindly be quashed and set aside and claim petition may kindly be dismissed as against the appellant company"
(2.) The learned Commissioner awarded compensation to the tune of Rs.2,75,884/- and interest @ 12% per annum from the date of accident along with 20% penalty to the claimants on account of death of Bherulal who was working as driver with M/s. Nutan Gas Service on its vehicle tanker no.RJ.27/G-1859. The said tanker met with accident on account of which, Bherulal suffered injuries and died at the spot.
(3.) Counsel for the respondent has relied upon the judgment of Smt. Ram Sakhi Devi Vs. Chhatra Devi, reported in JT 2005(6) SC 167 wherein the Hon'ble Apex Court held that without formulating substantial question of law appeal cannot be sustained. 3.1 Counsel for the respondent has further shown judgment of Jaipur Bench of this Court in M/s. Krishna Weaving Mills, Ajmer Vs. Smt. Chandra Bhaga Devi widow of Mool Chand & Anr., reported in 1985(1) WLN 455 wherein this Court while dealing with Workmen's Compensation Act has laid down law that unless there was a question of public importance and there was no final interpretation available while the substantial question of law was arising, the appeal under the Workmen's Compensation Act cannot be entertained. Relevant portion of the judgment reads as follows :- "8. Moreover, under S. 30 of the Workmen Compensation Act only substantial questions of law can be agitated. In the present case, I am convinced that there is no substantial question of law involved. 9. The question of public importance and question on which no final interpretation is available are known as substantial question of law. Even if this definition is further extended, it will have to bear in mind that there is vast difference between the question of law and substantial question of law. It is only when the question of law is not well settled and it is of importance, it would become a substantial questions of law. The employer should not indiscriminately file appeals against poor workman's dependents. No notice is given before Fatal Accidents to the victim and how can want of notice to employer be fatal accident again, depriving compensation to unfortunate victims or dependents in cases of the Compensation Act.";