JUDGMENT :

1. The award dated 30.11.2017 passed in W.C.No.68 of 2016 is under challenge in the present civil miscellaneous appeal.

2. The question of law mainly raised in the present appeal is whether the fixation of deeming cap with respect of monthly income under the provisions of the Employees Compensation Act, is correct or not.

3. The fact in nutshell to be considered are that on 17.01.2016 at about 3.30 a.m. while the claimant was travelling as a cleaner in a lorry belongs to the first respondent bearing Registration No. TN-21-AL-5728 proceeding at NH-4 Road near Kyadigere Gate, Chitra Durga, Karnataka, the accident occurred and the claimant sustained both bone fracture and toes are amputated and he sustained multiple grievous injuries all over the body. An application was filed seeking compensation under the Workmen Compensation Act.

4. The Deputy Commissioner of Labour considered the documents and evidence produced by the respective parties and arrived at the conclusion that the accident occurred during the course of the employment and accordingly, fixed the liability on the second respondent Insurance Company. The compensation of Rs.4,39,188/- was granted along with an interes