IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL. A.O. No. 451/2008 Smt. Roshan Jahan and others .. Appellants. Versus Pushpraj Sonkar and another … Respondents. Mr. Z.U. Siddiqui, learned counsel for the appellants. Mr. T.A. Khan, learned counsel for respondent/New India Insurance Company. Dated: 09-06-2009 Hon’ble B.C. Kandpal, J. This appeal U/S 30 of Workmen’s Compensation Act, has been filed by the claimants against the judgment and award dated 29-9-2008, passed by Workmen’s Compensation Commissioner, Haldwani, Nainital, in WCC No. 7/2008, Smt. Roshan Jahan Vs. Pushpraj and another. 2- The brief facts of the case giving rise to this appeal are that Sher Mohmmad was employed as driver on the truck No. U.A. 04-C/ 0548. On 14.1.2008 the said truck was going Pithoragarh from Haldwani. When it reached near village Makdaun it fell in deep ditch due to brake failure, due to which Sher Mohammad sustained grievous injuries and died at the spot. The deceased at the time of accident was 30 years of age and he was getting Rs. 6000/- per month salary and Rs. 50/- per day for food expenses. Therefore, the claimants filed petition before the Workmen’s Compensation Commissioner for compensation. 3- The opposite party No.1, owner of the offending truck filed his written statement and admitted the facts mentioned in the claim petition. He further alleged that the truck in question was insured with New India Assurance Company and the driver was possessing valid 2 and effective driving license, therefore, the liability to pay the compensation is upon the shoulder of the insurer of the vehicle. 4- The Opposite Party No.2, New India Assurance Company also filed its written statement and did not dispute the insurance of the offending truck with it. However, the insurer alleged that the owner of the offending truck has a liability to prove that the vehicle was possessing valid and effective documents and its driver was also possessing valid and effective driving license and there was no breach of condition of insurance policy. The insurance company also alleged that exorbitant amount of compensation has been claimed. 5- Thereafter parties led evidence in support of their cases. The learned Workmen’s Compensation Commissioner, after hearing learned counsel for the parties and considering the entire material available on record, decreed the petition for a sum of Rs. 3,51,062/-. The Workmen’s Compensation Commissioner also issued direction to the New India Assurance Company if the compensation is not paid within a period of one month, interest @ 12% per annum shall be payable from the date of award till the date of actual payment. 6- Feeling aggrieved, the claimants have preferred this appeal for enhancement. 7- Heard learned counsel for the parties and perused the record. 8- Learned counsel for the claimants/appellants has submitted that the Workmen’s Compensation Commissioner has wrongly assessed the income of the 3 deceased as Rs. 3,563/- while it should be Rs. 4,000/- per month. He further submitted that the trial court assessed the compensation at the age of 35 whereas the deceased was 34 years of age. He further argued that the interest on the awarded amount should have been given from the date of accident and not from the date of determination of amount. 9- I have scrutinized the impugned award. Sri Pushpraj Sonkar the owner of the offending truck has been examined in the case. In the examination-in-chief he has deposed that he used to give Rs. 4,000/- per month salary to the deceased Sher Mohammad, besides Rs.50/- per day for food expenses. In the cross- examination this witness has specifically denied the suggestion given from the side of the claimant that he used to give Rs. 6,000/- per month salary to the deceased. In his cross examination this witness further alleged that he could not maintain any register for distribution of salary to the employee and he has no receipt of the same. Therefore, in absence of any cogent and reliable documentary evidence pertaining to the salary of the deceased, the learned tribunal has rightly assessed the wages of Rs. 3563/- under the Minimum Wages Act 1948 fixed for the drivers. According to the post mortem report the deceased was 35 years of age, therefore, the trial court has rightly taken this age for computing the compensation on the basis of the formula given in the Workmen’s Compensation Act. Therefore, I do not find any illegality in computing the dependency of the claimants upon the deceased. 10- As far as the interest part is concerned, the learned trial court has specifically mentioned in the operative part of the award that there was no delay on 4 the part of the employer in conducting these proceedings and thereby exempted him from the liability of interest. The tribunal has awarded the interest @ 12% per annum in the event if the amount of compensation is not paid to the claimants by the New India Insurance Company within one month from the date of award. In the above circumstances of the case the submission of learned counsel for the claimants/appellants that the interest should have been given from the date of accident has no force. 11- I also do not find any substantial question of law involved in this appeal, which is to be answered by this court, therefore, the appeal lacks merit and is liable to be dismissed. 12- Accordingly, the appeal is dismissed. The impugned judgment and award is hereby confirmed. ( B.C. Kandpal, J.) ISB