- (1.) THE present appeal has been filed under Section 30 of the Workmen's compensation Act,1923(for short the said Act), seeking enhancement of the compensation awarded by the commissioner, vide Award dated 5.6.2009 in W.C.A. No. F/26/2005, whereby the Commissioner has awarded compensation of Rs.2,16,865/-, with interest at the rate of 12% p.a. from the date of application till payment, for the death of Dinesh Mathur, who was the employee of the respondent no.1.
(2.) IT has been submitted by learned counsel for the appellants that though the income of the deceased was admitted by the employer to be 4500/-p.m., the Commissioner has awarded compensation considering the income to be Rs. 2106/- p.m. According to learned counsel for the appellants, the said finding being perverse, the appeal deserves consideration for enhancement of compensation. As against that the learned counsels appearing for the respondents owner and the Insurance company, have submitted that there being no substantial question of law involved in the appeal as contemplated under Section 30 of the said Act, the appeal deserves to be dismissed. Having regard to the submissions made by the learned counsels for the parties and the impugned Award passed by the Commissioner, it transpires that the commissioner has awarded the compensation for the death of deceased Dinesh Mathur, who was working as driver with the respondent no. 1. It is true that the respondent no. 1 had stated the income of the deceased to be Rs. 150/- per day, however, the Commissioner considering the fact that there was no documentary evidence adduced by the said income of the deceased,it considered the minimum wages under the Minimum Wages Act and considered the income of the deceased as Rs. 81/- per day and Rs. 2106 p.m. The Commissioner has also awarded Rs.10,000/-,for funeral & other miscellaneous expenses and in all Rs. 2,16,865/- by way of compensation. It is pertinent to note that though the Commissioner was empowered to award interest only from the date when the compensation became due for payment, he has awarded the interest from the date of application i.e. 24.2.2005 till payment. Under the circumstances, the amount of compensation awarded by the commissioner is just and proper. There being no substantial question of law involved in the present appeal, the same deserves to be dismissed and the appeal is accordingly dismissed.;