IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Appeal From Order No. 564 of 2007 Smt. Godhani Devi … Appellant Vs Govind Singh Adhikari & another … Respondents Sri B.P.S. Mer, learned counsel for the appellant Sri M.K.Goyal, learned counsel for the respondent No. 2 Hon’ble B.C. Kandpal, J. This appeal under Section 30 of the Workmen Compensation Act, 1923 has been filed by the appellant against the judgment and award dated 18.10.2006 passed by Workmen Compensation Commissioner/Deputy Labour Commissioner, Kumaon Region in W.C. Case No. 23 of 2004, Smt. Godhani Devi Vs Govind Singh Adhikari & another. 2. Brief facts of the case are that the husband of the claimant – Krishnanand Pandey (deceased) was engaged as a driver in truck No. UP04A/3546 under the employment of Gobind Singh Adhikari. On 13.01.2004, when he was going from Haldwani to Muwani, the said truck met with an accident, in which, the deceased sustained multiple injuries on his body and succumbed to injuries on 08.02.2004. According to the claimant, he was 35 years of age on the date of accident and used to earn Rs. 4,000/- per month as salary. Therefore, he filed the petition for a sum of Rs. 4,00,000/- as compensation in lieu of the death of her husband. 3. Thereafter notices were issued to the opposite parties. On the receipt of the notices, opposite parties filed their separate written statements before the learned Workmen Compensation Commissioner. Thereafter, both the parties led evidence in support of their case. After hearing learned 2 counsel for the parties and perusing the entire material available on record, the learned Workmen Compensation Commissioner awarded a sum of Rs. 2,65,163/- in favour of the claimant. 4. Feeling aggrieved by the aforesaid judgment and order, the claimant/appellant preferred this appeal before this Court for enhancement the amount of compensation. 5. Heard Sri B.P.S. Mer, learned counsel for the appellant, Sri M.K.Goyal, learned counsel for the respondent No. 2 and perused the record. 6. The claimant has produced the photocopy of postmortem report, death certificate, policy cover note etc. in support of her case. It is not disputed between the parties that the deceased was working as a driver in vehicle No. UP04A/3546 and under the employment of respondent No. 1 – Gobind Singh Adhikari. 7. Learned counsel for the appellant has argued that the Workmen Compensation Commissioner has fell in error in calculating the amount of compensation by considering minimum wages of Rs. 3,074/- while in the claim petition it has clearly mentionted that the deceased was getting Rs. 4,000/- per month as salary from the employer. 8. From the perusal of the record, it reveals that the claimant has stated in the petition that her husband (deceased) was getting Rs. 4,000/- per month as salary and Rs. 50/- per day as meal expenses and this fact has not been controverted by the employer but they could not produce any evidence before the learned Workmen Compensation 3 Commissioner, which may shows the actual income of the deceased. Therefore, the Workmen Compensation Commissioner in absence of any cogent and reliable evidence assessed the minimum wages of Rs. 3,074/-as applicable on the date of accident. The learned Workmen Compensation Commissioner also considered the age of the deceased as 44 years considering the postmortem report available on record. The learned Workmen Compensation Commissioner calculated the amount of compensation considering the factor given in schedule IV appended with Section 4 of the Workmen’s Compensation Act, 1923 and awarded a sum of Rs. 2,65,163/- (50 X 172.52 X 3074/100). I also do not find any calculation error in the impugned judgment and award. The amount awarded by the learned Workmen Compensation Commissioner is just and proper. 9. As far as the interest to be paid to the claimant is concerned, the Workmen Compensation Commissioner has not issued any specific direction in this regard. I am of the view that the amount of compensation awarded in favour of the claimant should be paid along with interest @ 12% per annum from the date of adjudication of the amount of compensation till the actual date of payment. 10. Accordingly, the appeal is partly allowed. The impugned judgment and award is modified upto the extent that the claimant/appellant is entitled to get Rs. 2,65,163/- along with interest @ 12% per annum from the date of adjudication of the amount till the actual date of payment. (B.C. Kandpal, J.) 23.12.2008 ASWAL