S.SUJATHA,J. - (1.) With the consent of the parties, the matter is taken up for final disposal.
(2.) Appellants are claimants before the Commissioner for Workmen's Compensation (for short 'the Commissioner') Udupi District, Udupi, wherein claim was made, seeking compensation on account of the death of Sri. Satish Mogaveera, who succumbed to the accidental injuries sustained, while working as a driver of the lorry bearing registration No. KA-20-A-1812 of respondent No. 1 in the course of his employment. On appreciation of the evidence on record, the Commissioner awarded total compensation of Rs. 4,23,580/- with the applicable rate of interest in accordance with law.
(3.) Being aggrieved by the same, claimants/appellants have preferred this appeal seeking enhancement of compensation as the compensation awarded by the Commissioner is inadequate. The main ground of challenge is that the Commissioner while determining the monthly income of the deceased driver at Rs. 4,000/- albeit, observing that the deceased was earning Rs. 5,000/- towards monthly wages in the year 2010, supported by the evidence of the appellants, wrongly restricted the same to Rs. 4,000/- per month contrary to the provisions of the Employees Compensation Act, 1923 (for short 'the Act').;