VITHABAI BHAVSAHEB KHAIRNAR Vs. SUBHASH KANHAIYALAL BAFNA

JUDGEMENT

(1.) The appeal is fixed for final hearing with consent of parties. As such. Rule made returnable forthwith, with the consent of parties.

(2.) The appellants are the original claimants. They had filed an application for compensation on account of death of deceased Bhausaheb, who was working as a driver on heavy vehicle with the present respondent No. 1. The Truck, which was driven turned, turtle, and, the deceased died on the spot. According to the claimants, the deceased was getting monthly salary of Rs.4,000/- per month and Bhatta of Rs.3,000/- along with 4% commission per trip amounting to Rs.3,000/-. The Commissioner for Workmen's Compensation has considered the salary as Rs.2,500/- only, and awarded the compensation.

(3.) Shri. Patil, learned Counsel for claimants, contended that the ample evidence was on record to prove the salary. Even the employer has stepped in the witness box and has categorically stated that the salary of the deceased was Rs.4,000/- per month with Bhatta Rs.3,000/- and further commission, and even the claimant No.l has stepped in the witness box and stated these facts, and no evidence is led by the respondents.