MFA 16/2006 BEFORE THE HON’BLE MR. JUSTICE T. VAIPHEI Heard Mr. M. Choudhury, learned counsel for the appellant. Also heard Mr. S.B. Choudhury, learned counsel appearing for the respondent No. 1. This appeal is directed against the judgment dated 19.11.2005 passed by the Comm issioner, Workmen’s Compensation, Tezpur in W/C Case No. 5/2004 awarding compens ation in favour of the respondent No. 1. It is submitted by the learned counsel for the appellant that the Commissioner has completely overlooked the settled la w that while assessing compensation payable under the W.C.Act, daily allowances of the workman could not be computed for the purpose of his monthly wages. The l earned counsel for the respondent No. 1 fairly concedes that the appeal may be d isposed of by excluding the daily allowances from the quantum of compensation aw arded by the learned Commissioner and by maintaining the interest at the rate of 9% from the date of impugned judgment. This appeal stands disposed of with the following directions :- 1. The impugned judgment stands modified to the extent that the daily allowances be excluded from the amount of compensation so awarded and so excluded, the amo unt of compensation payable to the claimant/ respondent stands reduced to Rs. 3 ,28,000/- (Rupees three lakhs twenty eight thousand). 2. The appellant shall pay Rs. 3,28,000/- ( Rupees three lakhs twenty eight thou sand) only together with interest at the rate of 9% per annum from the date of t he impugned judgment to the respondent No. 1 within a period of thirty days from the date of receipt of this judgment. The parties shall bear their respective costs. The appeal is disposed of.