ARUN MISHRA, J. ( 1 ) THIS appeal has been preferred by the insurer aggrieved by order dated 22. 3. 2002 passed by the Commissioner, workmen's Compensation, Labour court, Satna in Case No. B/3/w. C. Act/fatal of 2000 awarding compensation of rs. 2,21,980. 50 along with interest at the rate of 12 per cent per annum from the date of accident. ( 2 ) THE claimants-respondent Nos. 1 to 6 filed an application before the Commissioner, Workmen's compensation seeking compensation on account of death of ramkhilawan who was driver of the truck bearing registration No. MP 19-A 9454. The vehicle was owned by respondent Nos. 7 and 8,. e. , Agarwal Enterprises, Jeewan jyoti and Hans Forwarding and Transport agency and insured with the appellant National Insurance Co. Ltd. ( 3 ) ON 2. 10. 1999, deceased came from allahabad and was sent to cement factory to load the cement. In the night, he felt pain in the stomach and was shifted to District hospital, Satna where he died during the course of employment. Hence, compensation was claimed. Age of deceased was 53 years. ( 4 ) NON-APPLICANT No. 1, Agarwal Enterprises, jeewan Jyoti, in the reply contended that non-applicant No. 1 was owner of the truck, it was insured with National Insurance Co. Ltd. The deceased was receiving salary of Rs. 1,500 per month plus diet allowance. ( 5 ) IN the reply filed by non-applicant no. 2 all the facts are denied for want of knowledge. ( 6 ) IN the reply filed by non-applicant no. 3-appellant, the insurer has contended that the documents have not been furnished that the deceased died during the course of employment, hence, the claimants are not entitled to get any compensation. ( 7 ) THE Commissioner, Workmen's Compensation has found that the deceased felt pain in the stomach during the course of his employment. His salary was Rs. 2,000 per month and in addition he was receiving rs. 30 daily allowance. The Labour Court has determined the figure of Rs. 2,000 plus rs. 30 per day allowance and determined the compensation at Rs. 2,21,980. 50, relying upon the Explanation II of section 4 (1) of the Workmen's Compensation Act, 1923. ( 8 ) MR. His salary was Rs. 2,000 per month and in addition he was receiving rs. 30 daily allowance. The Labour Court has determined the figure of Rs. 2,000 plus rs. 30 per day allowance and determined the compensation at Rs. 2,21,980. 50, relying upon the Explanation II of section 4 (1) of the Workmen's Compensation Act, 1923. ( 8 ) MR. D. N. Shukla, learned counsel appearing for appellant insurance company has raised two questions: the driver died during the course of employment there is no nexus of stomach pain with the duty which the deceased rendered as driver, and the provision mentioned in Explanation II of section 4 (1) of Workmen's Compensation Act, 1923 has been wrongly applied to take the income, 50 per cent of the monthly wages of the deceased,. e. , Rs. 2,000 out of Rs. 4,000 thus illegality has been committed by the Commissioner while computing the compensation payable to the claimants. ( 9 ) MR. Neeraj Vegad, learned counsel appearing on behalf of respondent Nos. 1 to 6 has submitted that the widow of the deceased had stated that the deceased was receiving Rs. 2,000 per month with Rs. 30 as daily allowance. Thus monthly income comes to Rs. 2,900. Even otherwise the just compensation has been awarded and no interference is called for. He further submitted that the deceased came from allahabad thereafter he was mercilessly sent to cement factory for loading cement without any rest which caused pain in his stomach which had nexus with the employment and the pain was suffered during the course of employment, due to arduous nature of work, no interference is called for. ( 10 ) MR. N. K. Mishra, learned counsel appearing on behalf of respondent Nos. 7 and 8 has supported the submissions made by Mr. D. N. Shukla, learned counsel for the appellant. ( 11 ) FIRST we shall come to the question: whether driver died due to ailment having nexus to the course of employment? In our opinion, when the deceased returned from allahabad to Satna he had already rendered sufficient duty, thereafter, he was immediately sent to load the cement from factory which was clearly the cause of pain in the stomach of deceased, heavy work was taken from him as such we find its nexus with the employment. In our opinion, when the deceased returned from allahabad to Satna he had already rendered sufficient duty, thereafter, he was immediately sent to load the cement from factory which was clearly the cause of pain in the stomach of deceased, heavy work was taken from him as such we find its nexus with the employment. Apart from this, doctor has clearly stated that such pain is common due to driving and mental tension caused by driving which caused pain in stomach. Thus the finding recorded by Commissioner, Workmen's Compensation that the deceased suffered pain in the stomach during the course of employment and it had nexus with the employment is proper hence no interference is called for. ( 12 ) COMING to the question of applicability of Explanation II of section 4 (1) of Workmen's Compensation Act, 1923, which is as under: "4. Amount of compensation.- (1) subject to the provisions of this Act, the amount of compensation shall be as follows, namely: (a) where death results from the injury an amount equal to fifty per cent of the monthly wages of the deceased work- man multiplied by the relevant factor; or an amount of eighty thousand rupees, whichever is more; (b) where permanent total disablement results from the injury an amount equal to sixty per cent of the monthly wages of the injured workman multiplied by the relevant factor; or an amount of ninety thousand rupees, whichever is more; explanation.- For the purposes of clause (a) and clause (b), 'relevant factor', in relation to a workman means the factor specified in the second column of schedule IV against the entry in the first column of that Schedule specifying the number of years which are the same as the completed years of the age of the workman on his last birthday immediately preceding the date on which the compensation fell due. Explanation.- Where the monthly wages of a workman exceed four thousand rupees, his monthly wages for the purposes of clause (a) and clause (b) shall be deemed to be four thousand rupees only ;" It is clear that where death results from the injury an amount equal to 50 per cent of the monthly wages of the deceased workman shall be multiplied by the relevant factor. In case monthly wages is more than rs. 4,000 then Rs. 4,000 shall be taken as maximum wages. In case monthly wages is more than rs. 4,000 then Rs. 4,000 shall be taken as maximum wages. Explanation II lays down monthly wages exceed Rs. 4,000 shall be deemed to be Rs. 4,000. It does not lay down that where income is less than Rs. 4,000 then also Rs. 4,000 shall be taken. Thus in our opinion, the Commissioner, workmen's Compensation has erred in law in applying Explanation II which is not attracted. ( 13 ) COMING to the question of monthly wages and the allowance of the deceased. Whether it was Rs. 2,000 per month or rs. 1,500 per month and allowance. It is mentioned in the claim application that deceased was drawing salary of Rs. 2,000 per month plus Rs. 30 per day on account of allowance. Widow of the deceased has stated that deceased was receiving salary of Rs. 2,000 per month. Deceased had three sons and two daughters who were minors. Vishnu Kant Agarwal, NAW 1, has stated that Ramkhilawan was receiving rs. 1,500 per month plus Rs. 30 per day allowance. However, salary register has not been produced by this witness. Thus, in our opinion, the salary of the deceased was rs. 2,000 per month in addition to this he was receiving Rs. 30 per day allowance. Thus total wages comes to Rs. 2,900 per month. Fifty per cent of it has been taken under section 4 (1) (a) of Workmen's Compensation Act, 1923 for the computation of the compensation,. e. , Rs. 1,450 per month. The age of deceased was 50 years at the time of death, the relevant factor as per Schedule IV is 153. 09' thus the total compensation comes to Rs. 2,21,980. 50. The claimants are entitled to get interest at the rate of 12 per cent per annum from the date of the accident as ordered by the commissioner, Workmen's Compensation. Thus we find that ultimate compensation comes to the same as found by the Commissioner, workmen's Compensation. ( 14 ) THE appeal is accordingly disposed of. There shall be no orders as to the costs. .