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Judgment
N. Ananda
For the reasons stated in Misc. Cvl. 7187/2010, delay of 192 days in filing the appeal is condoned, however, interest for the delayed period would be disallowed. The only question that would arise for determination in this appeal is whether the Commissioner for Workmen''s Compensation was justified in determining wages of claimant at Rs. 3,500/- p.m.?
I have heard Sri Basavaraj M. Mekki, learned Counsel appearing for claimant and Sri A.K.Bhat, learned Counsel appearing for the Insurance Company.
The accident in question took place on 4.9.2004. The claimant was working as a cleaner in the lorry. The claimant has deposed that he was getting salary of Rs. 4,000/- p.m. and batta of Rs. 50/- per day. There is no contra evidence. Therefore, I determine wages of claimant at Rs. 4,000/- p.m. The other factors not being in dispute, claimant is entitled to total compensation of Rs. 1,60,315/-. In the result, the appeal is accepted in part. Compensation of Rs. 1,40,307/- awarded by the Commissioner is enhanced to Rs. 1,60,315/- with interest at 71/2% p.a. from the date of petition till the date of award and 12% p.a. after 30 days from the date of award till the date of realisation excluding the interest for the delayed period of 192 days.