PUSHPENDRA SINGH BHATI,J. - (1.) The appellant has preferred this appeal with the following prayer:- "It is, therefore, humbly prayed that this appeal may kindly be allowed with cost and the judgment and award dated 31.08.2004, passed by learned Commissioner, Workmen's Compensation Act, Udaipur, in case no.W.C. 5/2002 (A.L.C.), may kindly be modified and compensation may kindly be enhanced up to as claimed by the appellants in their claim petition along with interest of 12% p.a. from the date of accident and penalty of 50% of awarded compensation may kindly be imposed on the respondents. Any other relief, which this Hon'ble Court deems fit and proper in the facts and Circumstances of the appeal, may kindly be passed".
(2.) The unfortunate accident happened when Salamat Khan was driving vehicle TATA Sumo bearing registration No. 27C-5080 for the employer i.e. respondent No.1 from Ahmedabad to Udaipur and at that time the said vehicle collided with Truck No.RJ-27 G-0236 at Shinod, resulting into death of Salamat Khan.
(3.) Learned counsel for the appellants submits that it is clear from the record that deceased Salamat Khan was earning Rs.3,000/- per month and Rs.50/- as daily allowance from his employer.;