1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.2023 OF 2009 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Mr.V. R. Mundada, Advocate for appellant. Mr.G. V. Mohekar, Advocate for respondent no.1. ........ [CORAM : K.U.CHANDIWAL, J. ] DATE : 21st January, 2010. PER COURT : 1. Heard. The appellant­insurance company is aggrieved by the award of Rs. 4,33,820/­ with interest at the rate of 12% recorded by the learned Commissioner for Workmen Compensation Act and the Judge, Labour Court, Latur, by order dated 26/12/2008 and hence the first appeal. 2. The requisite documents tendered at the time of staking claim in claim form showed the deceased Shivling was on monthly salary of Rs.2,200/­ as driver of 2 the vehicle. The document at Exhibit­C­10 signed by the employer also showed his salary to be Rs.2,200/­ per month. Inspite of these aspects the learned Judge treated one more salary certificate placed at Article­B which is not proved showing that, deceased was paid Rs.4,000/­ and then reached to the conclusion of above referred claim for loss of life of deceased. 3. Considering the nature of evidence adduced, it is more than clear that the salary mentioned at the relevant time in claim form and also in C­10, even in the statement of one witness was Rs.2,200/­. The observations of the learned Member that, the employee of truck gets Rs.4000/­ per month salary now a days, being not established though was accepted, the observations of the learned Judge needs interference. 4. Treating the income of the deceased to be Rs.2,200/­, his age to be 25 years, relevant factors considering the age, only the amount of compensation comes to Rs. 2,68,601/­. In the circumstances, the appeal is partly allowed as under :­ 3 a) The order granting Rs.4,32,820/­ is set aside instead thereof the claimants (respondents herein) are held entitled for Rs.2,68,601/­ with interest at the rate of 12% p.a. from the date of accident. b) The appellant­insurance company is entitled for reimbursement balance amount as claimants have received/withdrawn the amount in terms of directions of the learned Commissioner for Workmen Compensation Act. c) The civil application disposed of. [ K.U.CHANDIWAL ] JUDGE gas/fa2023.09