R.S. Chauhan, J. - (1.) AGGRIEVED by the award dated 28.04.2003, passed by the Workman Compensation Commissioner, Jaipur District Jaipur, whereby the learned Commissioner has awarded a compensation of Rs. 3,70,840/ - along with 9% interest per annum to the claimants -Appellants, the claimants -Appellants have approached this Court.
(2.) BRIEFLY the facts of the case are that on 1.2.2001, Chand Singh, who was the driver of truck, bearing registration No. HR -37 -6384, was driving the truck from Jaipur to Ghaziabad on National Highway No. 8. Early in the morning at 6:00 AM when Chand Singh saw another truck trying to overtake, rashly and negligently, he turned his truck to one side in order to avoid any collision. However, his truck struck against the milestone. The truck left the road and went into the fields. Subsequently, the truck turned turtle. Consequently, Chand Singh died on the spot. Since the claimants -Appellants lost their sole bread earner, they filed a claim petition before the learned Commissioner. The Respondents No. 1 and 2 filed their separate replies to the claim petition and denied the averments made therein. On the basis of the pleading of the parties, the learned Commissioner framed four issues. After hearing both the parties, vide award dated 28.04.2003, the learned Commissioner allowed the claim petition and awarded the compensation as aforementioned. Still dissatisfied by the award, the claimant -Appellants have filed the present appeal. Mr. Ram Singh Rathore, the learned Counsel for the Appellants, has vehemently contended that while assessing the income of Chand Singh, the learned Commissioner has not taken into account the fact that as a truck driver, he was paid a daily allowance of Rs. 50/ -. Instead, the learned Commissioner has taken his income as merely Rs. 4,000/ - per month. Secondly, the learned Commissioner has granted an interest of merely 9% per annum. According to the learned Counsel, it should be 12; per annum.
(3.) HEARD the learned Counsel for the Appellants and perused the impugned award.;