JUDGMENT

Biswanath Rath, J. - This appeal involves a challenge to the judgment in E.C. Case No.19/2012 passed by the Commissioner for Workmen Compensation-cum-Assistant Labour Commissioner, Angul, solely on the aspect of decision involving Issue No.'c' by the Commissioner.

2. Heard Sri Amitav Das, learned counsel for the appellant-Insurance Company. In spite of notice, nobody appears for either the claimants or the owner.

3. Advancing his submission Sri Das, learned counsel referring to the discussion on the Issue No.'c' submitted that there is no material to establish the salary component of the driver at the relevant point of time so also the fooding allowance as claimed by the claimants and supported through evidence by employer, opposite party no.1. It is in the circumstance, Sri Das submitted that taking the salary component at Rs.9,000/- per month will be much higher side than it is actually paid at the relevant point of time and thus a request is made for reducing the compensation awarded by the Commissioner in respect of the deceased driver.

4. Considering the submission of Sri Das and entering into the plea of the parties particularly the claimants and the owner, this Court fi