S.P.Srivastava, M.P.Singh, JJ. - (1.) Heard the learned counsel for the appellant. The insurer-appellant feels aggrieved by the award of an amount of Rs. 3,63,877.50 as compensation to the claimants by the Workmen's Compensation Commissioner on account of the untimely death of deceased Nazakat in the course of employment as a driver of a Truck.
(2.) The Workmen's Compensation Commissioner after carefully considering the evidence and the materials as brought on record had come to the conclusion that at the time of death Nazakat was aged about 30 years and was getting a salary of Rs. 3,500/- per month. The owner of the offending motor vehicle had been examined in this case who had certified that the deceased was being paid an amount of Rs. 3500/- per month towards his salary.
(3.) Learned counsel for the appellant has tried to assail the findings of the Tribunal returned on the question of the income of the deceased. The Commissioner has also returned a finding that the deceased was not an unskilled workman but was a driver who falls within the category of a skilled workman. The findings on the question of age as well as the income are based on appreciation of evidence. The findings are amply supported by the evidence and the materials brought on record.;