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Judgment
S.N. Satyanarayana, J.—The Applicants in Cr. No. 54/2007 on the file of Commissioner for Workmen''s Compensation, Udupi have come up in this appeal seeking enhancement of compensation awarded therein for the death of their son deceased Mohammed Sadiq.
Brief facts leading to this appeal are:
Deceased Mohammed Sadiq was working as a cleaner-cum-loader in lorry bearing No. KA-20/A-9714 belonging to 1st Respondent and insured with 3rd Respondent. It is stated that when he was travelling in said lorry in the course of his employment, said lorry met with an accident within the limits of Chitradurga Rural Police Station. In the said accident, he succumbed to injuries. Hence, claim petition was filed by his parents seeking compensation for his death.
In the said proceedings, taking into consideration that claimant was aged about 19 years and that he was discharging the work as loader and unloader and also that of cleaner in the aforesaid lorry, Commissioner proceeded to accept the wages of claimant at Rs. 3,500/- pm., and considering the fact that he was a bachelor, deducted 50% of his income towards his personal up-keep and calculated the compensation payable to Applicants in a sum of Rs. 3,94,135/-. It is ordered that Applicants are entitled to receive the same with interest at 12% from 30th date of accident till date of deposit of entire amount. The Applicants being aggrieved by the same have come up in this appeal seeking enhancement of compensation.
Heard the counsel for Appellant. Perused the order impugned. On going through the same this Court is of the opinion that Commissioner has rightly taken the income of deceased at Rs. 3,500/- pm. taking into consideration the age of deceased and as well as nature of job that he was doing in the absence of oral and documentary evidence substantiating employment and income of deceased, which cannot be found fault with. It is further seen that deceased was bachelor at the relevant time. Therefore, following the ruling of Apex Court Commissioner has taken dependency at 50% and awarded compensation rightly. On going through the same this Court find that there is absolutely no justification to admit this appeal to consider any of the grounds urged in the appeal seeking enhancement of compensation. Accordingly, the appeal is dismissed.