MALLIKARJUN GUNDAPPA PATIL Vs. AMBADAS BABURAO VARDEKARA

JUDGEMENT

(1.) THIS First Appeal arises from the judgment and order of the Commissioner for Workmen's Compensation. The Commissioner has assessed the compensation payable to the appellants on the basis that the deceased, who was the son of Appellant Nos. 1 and 2, was drawing an amount of Rs. 800. 00 as monthly salary. Aggrieved by this finding of the Commissioner, the present appeal has been filed.

(2.) THE undisputed facts are as follows: the deceased who was the son of Appellant Nos. 1 and 2 and the brother of the other appellants was working as a driver with Respondent No. 1. On 27. 9. 1989, he met with an accident arising out of and in the course of employment. The driver succumbed to the injuries suffered by him in the accident. On 1. 12. 1989, the appellants filed a claim for compensation under workmen's Compensation Act. They claimed an amount of rs. 138971/- which included interest and penalty payable. This claim was opposed by Respondent No. 2. It was contended in the written statement filed by Respondent no. 2 that the deceased was drawing a monthly salary of rs. 500/- and allowance of Rs. 300. 00 per month. Therefore the compensation due and payable was Rs. 71,367. 00 which they had already deposited in the Court. It appears that Respondent No. 1 did not file any written statement and adopted the written statement filed by Respondent no. 2. The Commissioner held that the appellants were dependents of the deceased and, therefore, were entitled to the claim of compensation. The Commissioner further held that the death had occurred in an accident arising out and in the course of employment. The Commissioner accepted the age of the deceased at 21 years. However, the claim based on a monthly salary of Rs. 1200. 00 per month was rejected as the Commissioner found that the last drawn wages was Rs. 800. 00 per month. Therefore, assessing the liability on the last drawn wages the commissioner held that the appellants were entitled rs. 71367/- which had already been deposited. The question of interest and penalty did not arise as the compensation was deposited when it fell due.

(3.) AGGRIEVED by the order of the Commissioner granting compensation of only Rs. 71367. 00 and not rs. 138971/-, the present appeal has been filed by the appellants.