THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO C.M.A. No. 905 of 2011 JUDGMENT: The appeal is filed by the insurance company against the order dated 06.10.2004 in W.C.No.41 of 2003 on the file of the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour, Warangal-I. The claim was made for compensation consequent on the death of the deceased B.Yadagiri, who is said to be the cleaner employed on the lorry bearing No.AP 36T 7273. As can be seen from the allegations in the petition, the deceased was claimed to be earning a sum of Rs.2,000/- per month towards the wages and Rs.20/- per day towards batta. The appellant herein did not dispute very much about the cause of death or the employment of the deceased or the liability to pay the compensation. The learned counsel for the appellant contends that there is no proof that the deceased was earning Rs.2,000/- per month as salary and batta of Rs.20/- per day and the lower Tribunal has wrongly assessed the income of the deceased. The claimants contend that a counter was filed by the owner of the vehicle stating that the deceased was paid Rs.2,000/- per month as wages and a batta of Rs.20/- per day. But the evidence of P.W.1 shows as if the deceased was paid a salary of Rs.2,500/- per month and batta of Rs.50/- per day, which is inconsistent with the claim made in the petition and also the alleged admission of the owner of the vehicle. Therefore, in view of the above circumstances, the mere filing of the counter by the owner about the payment of the wages to the deceased cannot be taken into consideration and the lower Tribunal has erred in taking into consideration the above admission when the evidence of P.W.1 is contrary to the above facts. Therefore, the best course open is to apply the minimum wages, which are application to a cleaner by the date of incident. The amount of the minimum wages by the date of the incident comes to Rs.1,871/-. If that amount is taken into consideration, the total compensation, for which the claimants will be entitled, is Rs.2,08,345/- rounded off to Rs.2,10,000/- (Rupees two lakhs ten thousand only). Accordingly, the appeal is partly allowed. No costs. ________________________ N.R.L.NAGESWARA RAO, J 30-08-2011 MR THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO C.M.A. No. 905 of 2011 DATE: 30-08-2011 MR