THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY C.M.A. No.125 of 2005 JUDGMENT: Sri B.Naga Raju, son of respondent Nos.1 and 2 herein, was employed as a Cleaner to work on a water tanker bearing No.A.P.15 T 4509, owned by respondent No.3 and insured with the appellant. On 28.04.2004, Naga Raju was unloading the water and to verify whether the tanker became empty, he climbed the tanker and in the process he came in contact with live electrical wires. He received serious injuries and on 07.05.2005, he died while undergoing treatment. Respondent Nos.1 and 2 filed W.C.No.99 of 2004 before the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour –III, Hyderabad (for short ‘the Commissioner’) claiming a sum of Rs.3,50,000/- as compensation. They pleaded that Naga Raju was aged 20 years and was being paid salary of Rs.3,000/- per month and that he died in the course of employment. Respondent No.3 filed a counter admitting the fact that the deceased was employed with him and that he died in the course of employment. However, he stated that the deceased was being paid salary of Rs.2,000/- per month. It was pleaded that there exists a valid insurance coverage with the appellant. The case was mainly contested by the appellant. It stated that the death occurred on account of the negligence of the employee himself and it cannot be said to be in the course of employment. It raised other grounds disputing the liability to pay the compensation. Through order, dated 27.12.2004, the Commissioner awarded a sum of Rs.2,60,048/- as compensation. A direction was issued to the effect that in case the amount is not paid within 30 days, it shall carry interest at the rate of 9% per annum from the date of filing of the application. Hence, this appeal. Heard the learned Standing Counsel for the appellant and the learned counsel for respondent Nos.1 and 2. To speak about the age, wages etc., of the deceased, respondent No.1 deposed as A.W.1 and he filed Exs.A1 to A6. On behalf of the appellant, no oral evidence was adduced and the insurance policy was filed as Ex.D1. The sole basis for a claim to be presented under the Workmen’s Compensation Act, 1923 would be that a workman has either sustained injuries or died in the course of employment. Once that is proved, other factors such as age, wages become relevant. In this case, the plea of respondent Nos. 1 and 2 that their son was employed with respondent No.3 was proved beyond any doubt, since respondent No.3 filed a counter admitting the said fact. The fact that the deceased died in the course of employment in an accident is evident from Ex.A1, F.I.R, and Ex.A2, inquest report. The registration certificate and permit of the vehicle were filed as Exs.A3 and Ex.A4 and the insurance policy was filed as Ex.A5. The appellant is not able to point out any defect in the finding recorded by the Commissioner to the effect that the deceased was a workman and he died in the course of employment. The next question is about the quantum. While respondent Nos.1 and 2 pleaded that the deceased was earning a sum of Rs.3,000/- per month, respondent No.3, the employer, stated that he was paying Rs.2,000/- per month. The Commissioner has adopted the correct approach by taking into account the wages that are stipulated under the Minimum Wages Act, namely Rs.2,312.75. There was no dispute as to the age of the deceased, namely 20 years and the index was mentioned. This Court does not find any defect in the determination of compensation. The Tribunal awarded interest at the rate of 9%. However, one small error crept into the process when it directed that in case the amount is not deposited within one month, the interest would be payable from the date of filing of the application. According to the settled principles of law in this regard, interest becomes payable from the expiry of one month from the date of the order till the date of payment. Accordingly, the order is modified to the extent indicated above and the appeal is dismissed. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY,J Dt:14.12.2011. kdl