JUDGMENT : Alok Sharma, J. 1. Under challenge is the award dated 23.06.2008 passed by Commissioner, Workmen Compensation, Beawar, Sub-Division Beawar District Ajmer (hereinafter 'the Commissioner') determining compensation under Section 3 of the Employees Compensation Act, 1923 (hereinafter 'the Act of 1923') in a sum of Rs.2,95,590/- along with interest @ 18% from the date of filing of the claim petition till the date of payment for death of Swaraj Singh, the son of the appellants-claimants (hereinafter 'the claimants'). 2. The facts of the case are that the claimants filed a claim petition under the Act of 1923 for compensation for the death of their son Swaraj Singh It was submitted that on 30.09.2006 the deceased Swaraj Singh while driving the insured truck bearing No. HR-46-C-1863 from Bar to Beawar met with an accident with a bus, as a result of which various injuries were sustained by him of which he ultimately died. At the time of his death, he was 35 years old and earning Rs.4,000/- per month. 3. On the pleadings of the parties the Commissioner framed 5 issues and recorded the evidence adduced by the contesting parties. Compensation of Rs.2,95,550/- was ascertained and interest thereon also directed to be paid at the rate of 18% from the date of filing of the claim petition till the date of payment. 4. The appellants are aggrieved of the compensation assessed asserting it to be perverse in overlooking uncontroversial and unshaken evidence of the claimants that the salary of the deceased was Rs.4,000/- per month. Counsel for the claimant submitted that the Act of 1923 is a socio beneficial legislation and its benefit due in law could not have been diluted on the ipse dixit of the Commissioner holding that the wages of the deceased Shivraj Singh, at the time of his death in the Motor Accident was Rs.3,000/- per month. It was submitted that the Commissioner was under a legal duty to determine the Compensation on the evidence before him and there was no good reason to impliedly assert that a wage of Rs.4.000/- per month to a driver of a heavy vehicle with duty entailing long hours and hazardous journeys was excessive. 5. Mr. Gaurav Jain appearing for the respondent has supported the award dated 23.06.2008 passed by the Commissioner. 6. 5. Mr. Gaurav Jain appearing for the respondent has supported the award dated 23.06.2008 passed by the Commissioner. 6. The substantial questions of law which arises in this appeal is as to whether in the absence of any controverting to the unshaken evidence of the claimants with regard to the wages of Rs.4,000/- per month drawn by the deceased Sawraj Singh on 30.09.2006 i.e. the date of the accident while driving the insured vehicle, it was within the competence and jurisdiction of the Commissioner to have adopted a lower wage on his ipse dixit for the purpose of determination of compensation and whether such a determination was perverse. 7. Heard. Considered. 8. The fact of Swaraj Singh being a driver on the insured truck is not in dispute. Neither is the fact of Swaraj Singh having expired as a result of injuries sustained in the accident on 30.09.2006 while driving the insured vehicle. It is also not in dispute that the duties of a truck driver, 24x7 as they are over congested and not very well regulated highways are onerous and the nature of their job inherently hazardous. In the circumstances, I am of the considered view that the uncontroverted and unchallenged testimony of the claimants that the deceased Swaraj Singh was drawing wages of Rs.4,000/- per month could not have been overlooked by the Commissioner. So doing was palpably perverse. 9. I would hold that the compensation to the claimants for the death of their son Swaraj Singh, a truck driver of the insured truck has to be computed reckoning for Swaraj Singh's wages @ Rs.4,000/- per month. The Commissioner taking his wages @ Rs.3,000/- per month has computed under Section 4 of the Act of 1923, compensation of Rs.2,95,590/- along with interest @ of 18% per annum from the date of filing of the claim petition till the date of payment. I am of the view that the claimants are entitled to enhanced compensation reckoning for the wages of deceased Swaraj Singh @ Rs.4,000/- per month on the basis of evidence laid before the Commissioner. With reference to Swaraj Singh's admitted age of 35 years on 30.09.2006 i.e. the date of the accident the compensation under Section 4 of the Act of 1923 works out to Rs.3,94,120/-. Of this an amount of Rs.2,95,590/- plus interest has already been paid under the award dated 23.06.2008. With reference to Swaraj Singh's admitted age of 35 years on 30.09.2006 i.e. the date of the accident the compensation under Section 4 of the Act of 1923 works out to Rs.3,94,120/-. Of this an amount of Rs.2,95,590/- plus interest has already been paid under the award dated 23.06.2008. Deducting the already paid compensation, the remainder amount of Rs.98,530/- as compensation now be paid to the claimants along with interest @ 12% per annum thereon from the date of filing of the claim petition i.e. 21.11.2006 till the date of payment. 10. The appeal stands disposed of accordingly.