HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO C.M.A.No.732 OF 2011 JUDGMENT: The appeal is filed by the applicant against the order in W.C.No.41 of 2000 on the file of the Commissioner for the Workmen’s Compensation and Assistant Commissioner of Labour, Hyderabad, questioning the quantum of compensation consequent on the death of the husband of the petitioner in a motor accident. 2. According to the claim of the applicant, the deceased S.Mallesh was employed as a driver on the lorry bearing No.ADT 6676 and on 27.03.1998 when the deceased was proceeding from Hyderabad to Khammam the vehicle met with an accident, as a result of which, the deceased died. He was aged about 28 years and was earning Rs.3,000/- per month. The owner of the vehicle filed a counter admitting the employment but pleading that he was only drawing a salary of Rs.2,500/- per month. The vehicle was said to have been insured with the 2nd respondent. 3. On consideration of the material on record, the Commissioner found that the death of the deceased was due to the accident and during the employment of the deceased. The Commissioner has found that there is no support of wages of Rs.3,000/- per month as claimed and the statutory minimum wages were taken into consideration and fixed at Rs.2,229/- per month. Even though the owner of the vehicle has filed a counter, he also did not support the claim for the salary of Rs.3,000/- per month. He claimed only payment of Rs.2,500/- per month as salary. For that also there is no proof. Therefore, taking into consideration the above facts, the Commissioner has applied correct procedure and granted the compensation of Rs.2,36,000/- and odd. The appellant made calculations taking the salary as Rs.3,000/- per month and the daily batta, which is not proved by any material. Further-more the original claim itself is made for Rs.2,50,000/-, whereas the present application is filed for an enhanced amount of Rs.4,25,000/- and odd basing on the salary as Rs.3,000/-. I do not find any support for such a claim and the Commissioner has rightly applied the provisions of law and decided the matter and it does not call for any interference. Accordingly, appeal is dismissed. There shall be no order as to costs. _________________________ N.R.L. NAGESWARA RAO, J Date:20.08.2011 INL