GURDEB SINGH Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) This appeal is by the claimant/appellant for enhancement of the award made by the learned Commissioner, Workmen's Compensation Court, West Bengal in Claim Case No. 410 of 2002.

(2.) The only point urged on behalf of the claimant/appellant is that the learned Commissioner acted illegally by not accepting the evidence of the employer of the victim who was a driver and died while he was employed as such with the owner or the concerned vehicle.

(3.) It appears from the impugned judgment that the employer of the victim deposed that he used to pay Rs. 4,200 per month to his driver. The salary certificate issued by him was not proved according to law. The selfsame owner in an investigation conducted by the Insurance Company deposed by saying that he used to pay to the victim driver at the rate of Rs. 3,000 per month. Since the said employer deposed differently on two different occasions, the learned Commissioner for the purpose of doing justice to this case accepted the amount as deposed by the said employer before the Investigating Officer of the Insurance Company and determined the amount of compensation accordingly. In the facts and circumstances as above and in view of the fact that the employer of the victim failed to prove that he paid at the rate of Rs. 4,200 per month to the victim by way of any cogent evidence, we are of the view that the finding made by the learned Commissioner that the salary of the deceased victim was at the rate of Rs. 3,000 per month cannot be assailed in this appeal. Accordingly, we do not find any illegality and/or any irregularity in the impugned judgment and award. The same is therefore cannot be interfered with in this appeal. This appeal accordingly stands dismissed so far as the quantum of amount of compensation has been determined by the learned Commissioner.