IN THE HIGH COURT OF 3UDICATURE AT BILASPUR fC.G.1 MISC. APPEAL N0. ^7^^ /200^ APPEALNTS ^laimants ...<Asrf > Smt. Rekha Roy, widow of Gopal Roy, profession-house wife. Amar Roy, aged about 5 years, minor son of the deceased Gopal Roy. Kumari Nitu Roy, aged about 3 years, minor daughtep of the deceased Gopal Roy. (Appellant No.2 & 3 through their natural guardian mother i.e.appellant No.l) (All the three appellants are R/o Kali Nagar, infront of Kali Mandir, Pandri, Raipur, Tahsil & Dist. Raipur, (C.G.). VERSUS RESPONDENTS ly Sandeep Jain, S/o Rameshchand Jain, y R/o infront of Kisan Rice Mills. tt^ -fAk^ - •(W^U^'(M~t- 1 W^U^- -^f^^^l, ? 2. c< The .New^India Insurance Company Ltd., Branch Office, Main Road, Jaipur, Dist. Koraput, (Orissa), & Through the Branch Manager, Branch OfFice, Kachahari chowk, Raipur, (C.G.). l!ffi:!i: t< ..^:- MISCELLANEOUS APPEAL;Ml^l3EiK SiiETION 300FTHE WORKMEN'S COMPANSAtlON^sACT. 1923. -^ ^ 1 ..-.L.^A/f -&mQUDfcL_0^__^^^A^^ s'3(^ sn^rwlTfw nsiT.aiitH^nw .t~ ^SI •^l^ld'4, yTfl'M'IS, f°«11<iy U3.S *n*ipii (i>*ii<!r> "w^26o£, 311^1 •q'W ('yS^'i?) ?WWaftffOT^I S.B. Hon'ble Shri Justice N.K 30.10.2009 Smt. Somsukla Sarkar, None for respondent No| ShriDashrath Gupta,Ad|( Heard on admission. This is claimants appea) 27.01.2005, passed by the| Workmen's Compensation, Laj case No. 1/B-145A/V.C.Act/99| compensation. The brief facts of the c^ Husband of appellant No. 1 Gopay Roy, while driving the 23 B-1096 under the murdered. Theappellants, being filed an application for comper for Workmen's irrter-alia plea^ deceased at Rs. 2000/- and al; at the time of accident as The Commissioner for appreciation of the evidence 4kdvocate for appellants. 11. /ocate for respondent No. 2. directed against the order dated Additional Commissioner fbr )our Court, Raipur (CG) in claim Fetal, seeking enhancement of antl 35 ye^ire 'ifil'4^^'1 'RF^t ^f 1^^ •t,f<*l^R ^affitHsn^T Aganwal ^seare that, on 17.06.1998, the Father of respondent No. 2 & 3 Jruck bearing registration No. MP employ(nent of responctent No. 1, was le^al representatives of deceased, Isation before the Commlssioner a^ling the monthly salary of the l^o pleading the ageof deceased leitl Workmen's Compensation, on by the parties and the material —78 <n*<cii »»*<i<?i "T5T ^l^ld'4, ®Ti1y'i<o,f^Miyy . . iU4-^....M.^ gn^r-qSHT (ijclf^^tf) qiNOTN-qTOif-ci fe^ <^^1< ^affiRsn^T available on record, accept^d the contenttons of appellants with regard to salary as well as (he age of the deceased and awarded Gompensation of Rs. 1,97,06p/- in terms of provisions contained in Workmen's Compensation Ac ,1923(forshorttheAct'). Smt. Sarkar, leamed |;ounsel appearing for the appellants would submit that the salary taken by the Commissione Commissioner for Workmen's 1 of the deceased ought to have been at Rs. 4000/- and therefore, the Compensation has erred In holding the salary of deceased at Rs. 200Q/-. * After hearing the couns^l appearing for the appellants and after pemsing the record, in the con^idered opinion of this court, thls appeal is devold of substance. Compensation has accepted t The Commissloner for Workmen's ^e income of the deceased as it is, as pleaded by the appellants/clafmants. Even otherwise, in the year 1998, the maximum wages w|iich could be taken into consideration while granting compensation, ^s per explanation-11 of Section 4 of the Act, was Rs. 2000/- only, therefore, ground raised by the appellants is ex-facie baseless. No other grounds have b In the result, the appeal sen taken by the appellants. 3eing devoid of substance deserves to be and is hereby dismissed at s|dmission stage. No order asto costs. Sd/- . N.K. AgrawaS ~ - Judge