- (1.) Claim in the present appeal filed by the appellants, who are widow and children of deceased Mukhtiar Singh, is for enhancement of compensation awarded to them under the Workmen's Compensation Act, 1923 (for short, 'the Act').
(2.) A perusal of the impugned order of the Commissioner shows that the deceased was claimed to be working as driver on monthly salary of ' 1,200/-. No evidence having been led to prove the salary, the Commissioner assessed the same at ' 1,000/- per month. His age was taken as 42 years. Considering the formula as provided for under Section 4 of the Act and the Schedule IV attached therewith, taking 40% of the income of the deceased and applying the multiplier factor of 178.49, the compensation was assessed at ' 71,396/-. It was directed that in case of failure to pay the compensation within 30 days, the insurance company will pay penalty of ' 10,000/- and interest @ 6% on the amount of compensation.
(3.) Penalty of ' 10,000/- and interest @ 6% per annum and the compensation assessed by the Commissioner is in consonance with the provisions of the Act, prima facie no case for enhancement is made out. However, as counsel for the appellants is not available, the appeal is dismissed for non-prosecution.;