NEW INDIA ASSURANCE CO. LTD. Vs. YASHEMEENBANU

JUDGEMENT

(1.) These two appeals are filed by the claimant as well as the insurance company challenging the judgment and award dtd. 8/8/2016 passed in ECA No.333/2014 by the II Additional Senior Civil judge and commissioner for Workmens Compensation, Belagavi.

(2.) The factual matrix of the case of the claimants before the Tribunal is that one Nasirahmed was working as a driver and he succumbed to the injuries on account of the accident and he was earning Rs.6,000.00 per month and bata of Rs.100.00 per day hence, the claim was made before the Workmens Compensation Commission and the said Commission having considered the material on record taken the income of Rs.6,500.00 per month and also considered the relevant factors and awarded the compensation of Rs.6,11,070.00 and also awarded an amount of Rs.5,000.00 towards funeral expenses.

(3.) The counsel for the insurance company has contended that the income taken by the Commission as Rs.6,500.00 is on higher side and statute only says that it would be Rs.4,000.00 and hence, it requires interference of this Court. The counsel further submits that the claimant is entitled for an amount Rs.2,500.00 as per the statute on other heads.