1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 5. FA/1489/2009 With CA/10084/2008 In FA/1489/2009 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. V.N.Upadhye, Adv., for the appellant. Mr. A.B.Karande, Adv., for respondent nos. 1 to 7. Respondent no.8 served. ... CORAM: K.U.CHANDIWAL, J. DATE:22/1/2010 P.C.:- 1. Heard. The matter is finally heard at admission stage. Record verified by the Counsel. 2. Death of 40 years old Machindra, employed with the truck owner, original respondent no.1, forced his legal representatives to prosecute for compensation under Workmens Compensation Act, 1923. 3. There is no controversy that on 27.4.2006, the vehicle was 2 driven by Shaikh Salar and the deceased was working as a labourer, had indeed unloaded the truck in the field of Ankush Chaban and they were proceeding ahead to other village Deopimpri. During the process of movement of the truck, the deceased went to the top of the cabin, to remove some spade and other materials and, in the process, he came in contact with a live electric wire across the road, east-west, resultantly, had severe shock and blow and deceased was thrown away in the truck, he died on the spot. 4. The short controversy in the matter revolves to, the claimants assert, the deceased was drawing a salary of Rs.4,000/- while the original respondent no.1, the owner of the vehicle, said that he paid Rs.3,000/- to deceased Machindra and deceased was also getting four days leave without pay every month. The learned Judge on his own assumptions calculated the income at Rs. 4,000/- per month and made further 3 calculations. These aspects need interference. 5. Treating the income of the deceased to be Rs.3,000/-, he being 40 years old, the relevant factor under Schedule IV will be 184.17 and the 50 per cent will be Rs.1500/-, making the total entitlement to an amount of Rs. 2,76,255/-. In this scenario of the matter, the calculations arrived at by the learned Judge, to award Rs.3,31,506/- are contrary to record and unsustainable. Hence order. The appeal is partly allowed. The claimants/respondent nos. 1 to 7 are entitled to receive an amount of Rs.2,76,255/- with interest at the rate of 12 per cent from the date of petition till realisation. No costs. Civil Application disposed of. (K.U.CHANDIWAL) JUDGE ... agp/1489-09fa