1 31.FA.331.2020.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY AURANGABAD BENCH : AURANGABAD FIRST APPEAL NO.331 OF 2020 Walmik Babasaheb Kamble and ors .Vs. The President, Malegaon Sahakari Sakhar Karkhana, Baramati and ors Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. S.B. Choudhari, Advocate for appellant. Mr. Y.K. Bobade, Advocate for respondent Nos.1 and 2. CORAM : ROHIT W. JOSHI, J. DATE : 15/09/2026 1. The present appeal is filed under Section 30 of the Employees Compensation Act, 1923 in order to assail judgment and order dated 18.09.2017 passed by the Commissioner Workmen’s Compensation, Beed in W.M.C. No.02 of 2016. Appellants are sons and daughter of late Babasaheb Kamble who was engaged as a labour for cutting sugar cane with respondent No.1/sugar factory through respondent No.3/labour contractor. 2. It is the case of the appellants that their father had died on 01.05.2014 during the course of his employment with respondent No.1. After demise of the deceased, post mortem examination was conducted. It is mentioned in the post mortem report that he died due to gangrene in the intestine. The respondents have examined the medical officer who has conducted the post mortem of the deceased. The medical officer stated that there was a hole in the intestine of the deceased and that the intestine was found to be ruptured. The medical officer opined that 2026:BHC-AUG:42360 2 31.FA.331.2020.odt this medical condition had developed due to excessive consumption of liquor. The reasons recorded in the post mortem report shows cause of death as, “death due to hypoxia due to intestinal obstruction and perforation”. The appellants did not lead any medical evidence to the contrary. The finding recorded by the learned Commissioner that the death was not on account of any injury suffered during the course of employment is based on the aforesaid medical evidence. 3. Having regard to the aforesaid, in the considered opinion of this Court, the appeal does not given rise to any substantial question of law. No case is made out for interference. First Appeal is dismissed with no order as to costs. (ROHIT W. JOSHI, J.) Donge