Bombay High Court
THE NATIONAL INSURANCE COMPANY LTD.versusPUSHPATAI BABURAO GUDMALWAR AND OTHERS
- Disposal
- DISMISSED
Holding
The Court held that the Commissioner’s findings on age and salary were not perverse and, in the absence of a substantial question of law, the appeal must be dismissed.
Summary
The National Insurance Company appealed under Section 30 of the Employees’ Compensation Act, 1923, challenging the Commissioner’s award of Rs.7,94,940 compensation for the death of Ganesh, a 22‑year‑old employee earning Rs.7,000 per month. The respondents proved the deceased’s age through a post‑mortem report and school certificate, and his salary through the wife’s testimony, the employer’s oath, and audit reports. The insurance company offered no evidence to contradict these facts, and cross‑examination yielded no dispute. The Court held that the Commissioner’s findings on age and income were not perverse and that no substantial question of law arose, which is the only ground for a Section 30 appeal. Consequently, the appeal was dismissed without costs.
Issues considered
- Whether the Commissioner erred in determining the deceased's age and monthly salary for compensation under the Employees’ Compensation Act, 1923.
- Whether a Section 30 appeal can be entertained on the basis of factual findings absent a substantial question of law.
Legislation cited
Subjects
- Employees’ Compensation Act
- Section 30 appeal
- death compensation
- age verification
- salary proof
- factual findings
- compensation calculation
Judgment
2026:BHC-AUG:41654
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 241 OF 2014
The National Insurance Company Ltd.
VERSUS
Smt. Pushpatai Baburao Gudmalwar and Oth.
…
Advocate for Appellant : Mr. Prateek S. Jadhav h/f Mr. S. N Parghane
None present for respondents
...
CORAM : ROHIT W. JOSHI, J.
Dated : September 09, 2026
PER COURT :-
1. The appellant-insurance company has preferred the present
appeal under Section 30 of the Employees’ Compensation Act, 1923, in
order to challenge the judgment and award dated 22nd April 2013,
passed in E.C.A./01/2012 by the Commissioner under the Employees’
Compensation Act, 1923, at Nanded.
2. Respondent Nos. 1 and 2 had preferred Employees’
Compensation Application No. 1 of 2012, claiming compensation on
account of the demise of late Ganesh in an accident suffered during
the course of his employment. It is stated that the deceased was
drawing a salary of Rs. 7,000/- per month and was aged 22 years at
the time of his demise.
3. The respondent-employer admitted the employer-employee
relationship and the fact that the deceased was drawing a salary of Rs.
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921 FA 241-2014
7,000/- per month.
4. The learned Commissioner has determined the compensation
payable at Rs. 7,94,940/-, accepting the case of respondent Nos. 1
and 2 that the deceased was drawing a salary of Rs. 7,000/- per
month and was 22 years old at the time of his demise.
5. The fact of the accident and the employment of the deceased
are not in question. The contentions raised in the appeal are that the
age and income are not properly proved and, therefore, the
computation of compensation is incorrect.
6. The appellant-insurance company did not lead any evidence.
Respondent No. 1 had entered the witness box. Respondent No. 3-
employer did not conduct the cross-examination of respondent No. 1.
A perusal of the judgment would indicate that respondent No. 1 had
deposed about the income and age of the deceased in the witness
box. She stood the test of cross-examination, and nothing worthwhile
to disbelieve her deposition could be extracted during the course of
cross-examination by the insurance company.
7. Respondent No. 3-employer also deposed, confirming that the
income of the deceased was Rs. 7,000/- per month. Respondent No.3
produced the insurance policy and audit reports of the establishment
during his evidence.
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921 FA 241-2014
8. The learned Commissioner has referred to the post-mortem
report, wherein the age of the deceased is recorded as 22 years, as
well as the school leaving certificate of the deceased. Thus, there is
evidence on record to establish the age of the deceased.
9. As regards the salary, the learned Commissioner has recorded
that the salary was not seriously disputed during the course of cross-
examination and that respondent No. 3-employer had also stated on
oath that the monthly salary drawn by the deceased was Rs. 7,000/-
per month.
10. Having regard to the evidence on record and the findings
recorded by the learned Commissioner, in the considered opinion of
this Court, no substantial question of law arises for consideration in
the appeal. The findings with respect to the age and income do not
appear to be perverse. Such findings of fact cannot be interfered
with in an appeal under Section 30, which has to be entertained only
on a substantial question of law.
11. The appeal is therefore dismissed, with no order as to costs.
( ROHIT W. JOSHI, J. )
vj gawade/-.
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