NEW INDIA ASSURANCE COMPANY LTD Vs. MEERA DEVI

JUDGEMENT

(1.) Mr. M. K. Agrawal, Advo cate, holding brief of Mr. R. B. Agarwal, Advocate for the Appellant. None for the respondents.

(2.) THIS is insurer's appeal under Section 30 of the Workmen's Compen sation Act, 1923 against the Award dated 16-08-2004 passed by Commis sioner for Workmen Compensation and Assistant Labour Commissioner, Haldwani (Nainital) in W. C. C. No. 56 of 2003.

(3.) THE Commissioner for Workmen Compensation on the evidence led by the parties held that Rajesh Kumar alias Boby was working as a Cleaner on truck no. UPE 6269; he died on ac count of the injuries sustained by him in the accident on 03-06-2003; that his death was during the course of his em ployment; and the insurance company was liable to pay compensation to the claimants. Finding the evidence led by the claimants about the income of the deceased unreliable, the Commissioner assessed his income at Rs. 2105/- per month on the basis of the minimum wages as per Government Order at the relevant time. As the age of the de ceased was 27 years at the time of the accident, the Commissioner for Work men Compensation assessed the com pensation at Rs. 2,24,782/ -. THE Com missioner also awarded interest @ 12% per annum on the amount of compen sation.