INDERJEET SINGH,J. - (1.) The instant appeal has been filed by the appellant against the judgment dated 07.07.2007 passed by the Commissioner Workmen's Compensation, Sikar (to be referred as Commissioner) in case No. WCC of F 51 of 06.
(2.) Brief facts of the case are that on 12.11.2006 deceased Chhitarmal @ Chhitar Singh @ Nandu Singh was working as driver on truck No. RJ-23G-2505. On 12.11.2006 when the said truck reached at NH No. 11, near Trilokpura bus stand the said truck was unbalanced and collided with the tree resulting death of driver of the truck Shri Chhitarmal @ Chhitar Singh @ Nandu Singh. It was further stated that at the time of accident, the deceased was 28 years of age and was getting Rs. 6000/- per month as salary. Lastly prayed for awarding the compensation under the provisions of Workmen's Compensation Act, 1923 (hereinafter to be referred as Act of 1923). The appellant-insurance company filed reply to the claim application and denied the averments made in the claim application, violation of policy conditions was also pleaded. Lastly prayed for dismissal of the claim application.
(3.) Counsel for the respondent submits that the Learned Commissioner has wrongly decided issue No. 2 because the owner of the vehicle has stated in his reply that the driver was getting Rs. 3000/- as salary whereas the Learned Commissioner has wrongly held that the deceased was getting Rs. 4000/- per month as salary. Counsel further submits that the interest has wrongly been awarded by the learned Commissioner from the date of accident whereas the same should have been awarded from the date of judgment.;