This appeal and the cross-objection are being disposed of by a common judgment since they arise out of the same award, dated 15.11.2010 passed by the learned Commissioner, Workmen’s Compensation, West Tripura.

2. The undisputed facts are that Sri Nirendra Das was employed as a driver of Truck No.TRL-2789. This truck met with an accident on 02.12.2008 and the driver suffered grievous injuries as a result of the accident. He was shifted to Kolkata. Nirendra Das himself filed a claim petition claiming compensation for the injuries received by him but unfortunately died during the pendency of the petition and his wife and minor son were brought on record.

3. According to the insurance company, the death had not occurred due to the injuries received in the accident and since there was no post-mortem report, according to the insurance company, it could not be said that the deceased died as a result of the injuries received in the accident. The learned Tribunal, however, held that the death had occurred due to the injuries received in the accident, assessed the income of the deceased at Rs.3,500/- per month and applying the relevant factor of 192.14 assessed the compensation at