LAWS(KAR)-2012-11-205

KB RAJEGOWDA S/O BOREGOWDA MAJOR Vs. THE BRANCH MANAGER THE NEW INDIA ASSURANCE CO. LTD. NO. 52, 1ST FLOOR, VINAYA COMPLEX OPP. NATIONAL COLLEGE BASAVANAGUDI, HASSAN AND T. SRINIVASA BABU, MAJOR SAHI PETRO PRODUCTS NO. 21, 25 C4, MARUTHI PARLE C

Decided On November 22, 2012
Kb Rajegowda S/O Boregowda Major Appellant
V/S
Branch Manager The New India Assurance Co. Ltd Respondents

JUDGEMENT

(1.) FOR the reasons stated in Misc. Cvl. 14026/2011, delay of 191 days in filing the appeal is condoned. This appeal is filed for enhancement of compensation inter alia contending that wages of deceased should have been determined at Rs. 6,000/ - p.m. The Commissioner has determined wages of deceased at Rs. 4,000/ - p.m. and taken 50% of the same for determination of compensation as provided under Section );">4 of the Workmen's Compensation Act. The Commissioner has applied relevant factor appropriate to age of deceased and has also awarded interest after 30 days from the date of accident.

(2.) UNDER Section );">4 of the Act, the maximum wages permissible for the purpose of determination of compensation is Rs. 4,000/ -. Therefore, the appellant cannot have any grievance against the impugned award. There is no merit in the appeal. The appeal is accordingly dismissed.