(1.) Though the matter is listed for admission today, with the consent of learned counsel for both the parties, it is taken up for final disposal.
(2.) This appeal is filed challenging the judgment and award dated 13.09.2012, passed by the Labour Officer and Commissioner for Workmen's Compensation, Davangere District, Davangere, in WC No.170 OF 2011 granting compensation of Rs.4,11,900/- with interest at the rate of 12% per annum from one month from the date of accident till deposit.
(3.) Learned counsel appearing for the appellants would vehemently contend that the Commissioner for Workmen's Compensation committed an error in taking the income of the deceased at Rs.4,000/- in view of the provisions of the Minimum Wages Act though the deceased was earning an amount of Rs.6,000/- per month and an amount of Rs.200/- as batta per day. In the appeal, the substantial question of law was raised as to whether the Commissioner was right in holding that the deceased was earning an amount of Rs.4,000/- per month as wages as on the date of the accident.