VISWAMBARAN, S/O NARAYANAN Vs. K M SATHYAN

JUDGEMENT

(1.) This appeal has been filed by the legal heirs of a workman who died in a motor accident. A petition was filed before the Workmen's Compensation Commissioner seeking an amount of Rs.5, 00, 000/- as compensation. According to the petitioners, the deceased was working as a driver and he died in the course of employment. He was drawing a salary of Rs.5, 000/- and was aged only 25 years at the time of accident.

(2.) We do not think that the Commissioner had erred in any manner in fixing the salary of the Workman in question. When a claim is made necessarily evidence has to be adduced to prove the salary. Since he was working as a driver in a bus, necessarily evidence ought to have been adduced to prove the income he has derived at the relevant time. When no evidence is adduced, it is for the Commissioner to fix a reasonable amount as salary taking note of all the attending circumstances. In this case when the Commissioner had fixed Rs.4, 000/- as salary during the relevant time, we do not think that we should interfere with the said order while exercising the appellate jurisdiction. No grounds have been made for interference. Hence, the appeal is dismissed.