IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 7T1-I DAY OF JANUARY, 2011 BEFORE THE HON ‘BLE MR.JUSTICE ARAVIND KUMAR MISCELLANEOUS FIRST APPEAL NO.20131 /2009(WC) BETWEEN: 1. Smt.Naginabanu W/o Mohammad Isaq Mulgund, Age: 23 years, 0cc: House Hold, R/o Barakutri, Near Pavan School, Dharwad. 2. Ku. Mohammad Arif, S/o Mohammad Isaq Mulgund, AgeL 3 years, 0cc: House Hold, R/o Barakutri, Near Pavan School, Dharwad. Appellants (By Sri,Bahubali A. Danawade, Adv.) AND: 1. Nagaraj Holbasappa Telkar Age:Major, 0cc: Director MASC College and Owner of Maruti Omni. R/o Haunsbhavi, Tq: Hirekerur Dist: Haven. 2. The Divisional Manager, National Insurance Co. Ltd, Divisional Office Sujatha Complex, Near Glass House, Hubli. Respondents (BY Sri.B.R.Rajesh, Adv. for M/s Lex Plexus, Adv. for R2, R-l service held sufficient.) This MFA is filed under Section 30(1> of the Workmen’s Compensation Act against the judgment and order dated:23/04/2008 passed in WCA.F.NO.50/2007 on the file of the Labour Officer and Commissioner for Workmen’s Compensation, Hubli, partly allowing the claim petition for compensation and seeking enhancement of compensation. - (q)p * Thisjjjiñ coming on for orders this day, the court made the following: -/o 1 ’ti JUDGEMENT 4- This appeal is by the claimants seeking for enhancement of compensation. 2. Heard Sri.Bhahubali A Danawade appearing for appellant and Sri.B.R.Rajesh learned advocate appearing for the 2nd respondent. 3. There is no in dispute with regard to accident and issuance of policy to the offending vehicle. The only issue to be considered in this appeal is with regard to income of the deceased workmen adopted by Commissioner while determining the compensation payable to the legal heirs of the deceased. 4. The Commissioner on examination of records and evidence produced by the legal heirs of the deceased came to a conclusion that deceased was drawing a salary of v.2,800/- p.m. by virtue of his avocation being that of a driver. The accident in question has occurred on 14.10.2004 and the wages being paid to the deceased can be taken at .l00/ per day or .3,OOO/- per month, as against .2,8O0/as construed by the Commissioner. Hence, I am of the view that compensation payable to claimant requires to be recomputed as under. 50%ofRs.3,000/- = -.1,500/- 1,500 X 211.79 X100/ 100 - v.3,17,685 Thus, in substitution of compensation awarded by the Commissioner in a sum of .2,96,506/-, a sum of .3,17,685/- is awarded by this Court Towards funeral expense a sum of Rs. 5,000/- is also awarded in this appeal. Thu,enhanced compensation oft. 26,179/- is payable by 2nd respondent and holding that the Commissioner fell in error in computing income of.2,800/-. Accordingly, the following order is passed. -4- a) Appeal is allowed in part. b) Compensation is redetermined as stated herein above and a sum of . 3,17,685/- is awarded in modification to the compensation of .2,96,5O6/- awarded by Commissioner. It is also ordered that claimants would be entitled to further compensation of Rs.5,000/- towards funeral expenses. Thus, in all a sum of Rs.26, 179/- is awarded by way of enhancement. c) The said award shall carr interest at the rate 12% P.A one month from the date of accident till the date of payment or deposit of the award amount which ever is earlier. d) No order as to costs. Sd/ TTT1Thrrj Mck/