SENIOR DIVISIONAL MANAGER DIVISIONAL OFFICE Vs. NARDU DEVI

JUDGEMENT

(1.) THIS appeal by the Insurance Company is directed against the award dated 29.6.2006 passed by the Commissioner, Workmen 'sCompensation, whereby he awarded compensation of Rs.

(2.) ,85,360/ - to the claimants and also awarded interest at the rate of 12% per annum from the date of accident till date of payment of awarded amount. At the time of admission of the appeal no substantial question of law was framed but as per the appellant, the following substantial questions of law arise in this case: -

(3.) THE next issue as to whether the amount of Rs. 50/ - per day should be included in wages or not. Shri G.C. Gupta, learned senior counsel for the Insurance Company urges that it is in the nature of travelling allowance to be paid as and when the driver drove the vehicle and hence cannot be included in wages. In my view this contention of Shri Gupta cannot be accepted. The employer has clearly stated that this amount was being paid for personal expenditure i.e. food etc. and therefore, the finding that the deceased was earning Rs. 4,000/ - per month cannot be said to be based on no evidence nor can it be said that the finding is so perverse as to call for interference in an appeal filed under the Workmen 'sCompensation Act.