( 1 ) THIS appeal is arising out of the judgment and award dated 10th May, 2007 passed by the Commissioner, under the Workmen's compensation Act, 1923 (hereinafter called as the "commissioner"), Kanpur Region, camp Etawah in Case No. 8 of 2005 (Daya ram and another v. R. D. Electricals Contractor and another) on account of death of the deceased while working on the high tension line. Five consecutive deaths were occurred. The claim petitions have been made by the claimants saying that a sum of Rs. 3,045/-was the salary of the deceased but ultimately at the time of hearing the employer stated that such persons were kept in the muster roll and the daily wages of the muster roll employees were Rs. 145/- per day. Therefore, awarded amount was increased from the claimed amount on such fact.

( 2 ) NOW the question arose as to whether the Commissioner is empowered to pass an award more than the claim amount or not. According to us, normally it can not exceed. However, such rule, according to us, cannot be inflexible in nature. A clamant, either for his illiteracy or for lack of knowledge or for situation arrived on account of death or injury, may not be in a position to