IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Appeal From Order No. 187 of 2009 National Insurance Company Ltd. … Appellant Vs Smt. Deepa Devi & others … Respondents Sri B.D. Pande, Advocate, holding brief of Sri B.K. Gupta, learned counsel for the appellant Hon’ble B.C. Kandpal, J. This appeal under Section 30 of the Workmen’s Compensation Act, 1923 has been filed by the appellant/National Insurance Company Ltd. against the judgment and award dated 08.04.2009 passed by learned Workmen Compensation Commissioner/District Magistrate, Rudraprayag in W.C.A. No. 02 of 2008, Smt. Deepa Devi & others Vs National Insurance Company Ltd. & another whereby the learned Commissioner awarded a sum of Rs. 3,97,120/- as compensation. 2. Brief facts of the case are that Sri Prem Singh was engaged as a driver in truck No. UP07C/4655 under the employment of Shiv Prasad Himalyan Book Depot. On 09.08.2005, when the deceased – Prem Singh was going from Rishikesh to Guptkash in truck No. UP07C/4655 for loading the cement, suddenly, due to brake failure, it met with accident. He was admitted in the hospital at Srinagar where he was declared dead. The claimants are the dependents upon the deceased. According to the claimants, the deceased was earning Rs. 4,000/- per month. Therefore, the claimants filed the claim petition before the learned Workmen Compensation Commissioner for a sum of Rs. 6,00,000/- as compensation in lieu of the death of the deceased. 2 3. Thereafter, the Workmen Compensation Commissioner issued notices to the opposite parties. The opposite party No. 1/National Insurance Company Ltd. contested the claim petition by filing written statement denying most of the allegations made in the application. The opposite party No. 2/employer also filed the written statement admitting this fact that the deceased was working under his employment and he was getting Rs. 4,000/- at the time of the accident. 4. On the basis of the pleadings of the parties the learned Commissioner framed relevant issues. After hearing learned counsel for the parties and perusing the entire material available on record, the learned Workmen Compensation Commissioner awarded a sum of Rs. 3,97,120/- vide judgment and award dated 08.04.2009. 5. Feeling aggrieved by the aforesaid judgment and award, the National Insurance Company Ltd./appellant filed this appeal before this Court. 6. Heard Sri B.C. Pandey, Advocate, holding brief of Sri B.K. Gupta, learned counsel for the appellant and perused the record. 7. I have perused the entire judgment and order passed by the court below and I am of the view that the learned Commissioner discussed each and every point at a great length, which the appellant has raised before this Court. The learned Commissioner on the basis of the document available on record assessed the income of the deceased as Rs. 4,000/- per month. The learned Workmen Compensation 3 Commissioner has rightly calculated the amount considering the provision of Workmen Compensation Act, 1923 and awarded a sum of Rs. 3,97,120/- in favour of the claimants. I do not find any illegality in it. Having considered the argument advanced by the learned counsel for the appellant and after going through the material available on record before me, I do not find any infirmity or incorrectness in the impugned judgment and award dated 08.04.2009 passed by the learned Workmen Compensation Commissioner. The amount of compensation awarded by the learned Commissioner is just and proper, in the eye of law. I also do not find any ground to interfere in the impugned judgment and award. The appeal lacks merit and is liable to be dismissed. 8. Accordingly, the appeal is dismissed at the admission stage. 9. The statutory amount deposited by the appellant before this Court at the time of filing the appeal be remitted to the Tribunal concerned. (B.C. Kandpal, J.) 08.06.2009 ASWAL