HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO C.M.A.No.1389 OF 2011 JUDGMENT: The appeal is filed by the Insurance Company against the order in W.C.No.4 of 2002 on the file of the Commissioner for Workmen’s Compensation (Assistant Commissioner of Labour-I), Warangal, questioning the quantum of compensation. 2. A claim was made for compensation of Rs.3,00,000/- by the sole petitioner, who is wife of the deceased. 3. According to the claim of the petitioner, the deceased, who is her husband, was cleaner on the lorry bearing No.AP 36 U 1818. On 16.06.2000 when the deceased was engaged for his employment with the said vehicle on the way when it reached outskirts of Vemulapally Police Station area on 17.06.2000, all of a sudden the said lorry met with an accident, as a result, the deceased died. The deceased was said to be aged 40 years and earning Rs.2,000/- per month. The owner of the vehicle admitted the deceased being cleaner. He also claimed that the vehicle was insured with the appellant herein. The appellant herein has disputed the quantum of liability. The lower Tribunal after considering the material available on record has awarded a compensation of Rs.1,84,170/-. Challenging the same the present appeal is filed. 4. The point for consideration is whether the compensation granted by the lower Tribunal is just and legal? 5. POINT: So far as the income of the deceased is concerned, except the assertion of the petitioner, there is no proof and even the owner of the vehicle was not examined. Therefore, the Court can take into consideration the minimum wages, which comes to Rs.1,800/- per month as on the date of incident. The lower Tribunal has considered the age of the deceased at 45 years. If that is so, the relevant factor has to be applied for arriving at the compensation. After applying the relevant factor, the total compensation comes to Rs.1,52,496/- (Rs.1,800x50/100x169.44). Apart from it, the lower Tribunal has granted an amount of Rs.1,500/- towards costs. The said amount has to be included in the compensation. Accordingly, the total compensation is Rs.1,53,996/-. In the result, the appeal is allowed in part. No costs. _______________________________ JUSTICE N.R.L. NAGESWARA RAO Date: 07.12.2011 INL