husband of the claimant occasioned while in service of the owner respondent no. 1 as a driver when unknown miscreant murdered him and decamped with the vehicle. Setting up a claim giving rise to Claim Case No. 109 of 2005, the claimant prayed for a compensation on an income of Rs. 3,000/- per month as a driver. Some oral evidence also was led in support thereof but the tribunal considering the salary of the driver as existed in the year 2005, assessed the annual income of Rs. 20,000/- and has calculated the compensation thereon. The other elements forming part of the compensation are not in question before this Court, the only issue that is being raised by Mr. Vivek is that the assessment of annual income of Rs. 20,000/by the tribunal is not correct especially where it was a specific case of the claimant that the monthly income of the deceased was Rs. 3,000/- per month. As the sole issue before this Court in this appeal filed for enhancement of the compensation amount is restricted to the computation assessment of the annual income of the deceased, in absence of any evidence to support the income, the best course in the opinion of this Court is to take into consideration the relevant circular of the Labour Department issued under the Minimum Wages Act, 1948 insofar as it relates to a driver.
