JUDGMENT : 1. This interlocutory application has been filed under Section 5 of the Limitation Act read with Section 151 of the CPC for condoning the delay of 60 days in preferring this present miscellaneous appeal. 2. Learned counsel on behalf of the respondents has not raised any serious objection. 3. Heard. Being satisfied with the reasons assigned in paras-3 to 8 of the supporting affidavit, sufficient cause and reasonable explanation is made out, accordingly, the delay is condoned. 4. I.A. no. 7085 of 2013 stands allowed. M.A. no. 244 of 2010 5. This miscellaneous appeal is directed against the award dated 22.06.2010 passed by learned Deputy Labour Commissioner-cum-Workmen’s Compensation Commissioner, Ranchi in C.W.C. Case no. 02/2006 whereby compensation of Rs.2,26,249/- has been awarded. 6. Learned counsel for the appellants has submitted that the court below has failed to appreciate that the deceased-Mithlesh Giri was engaged as Driver/Khalasi in Truck bearing Registration no. WB 23/7398 and he died in course of his employment on account of the motor accident. That the owner of said truck had appeared and stated that the deceased was being paid Rs.3,000/- per month and the other witnesses have also stated that the deceased was earning Rs.3,000/- per month but the court below has assessed the income of the deceased at Rs.2020.09/- per month on the basis of Minimum Wages fixed by the State Government. That if the court below had assessed the income of the deceased @ of Rs.3,000/- per month then the awarded compensation would be Rs.3,34,889/- instead of Rs.2,26,249/-. 7. Mr. Basav Chatterjee, learned counsel for the respondent- United India Insurance Co. Ltd., has supported the award and submitted that the claimants have failed to adduce the documentary evidence regarding the salary of Rs.3,000/- per month paid to the deceased and the owner has also not produced any documentary evidence. That in the absence of any documentary evidence, the court below has rightly assessed the income of the deceased on the basis of Minimum Wages determined by the State Government. 8. Heard. It is evident that the owner of the vehicle has stated that deceased was employed as Driver/Khalasi in the Truck bearing Registration no. WB 23/7398 and he was being paid Rs.3,000/- per month as wages. The claimants have also stated that the deceased was earning Rs.3,000/- per month. 8. Heard. It is evident that the owner of the vehicle has stated that deceased was employed as Driver/Khalasi in the Truck bearing Registration no. WB 23/7398 and he was being paid Rs.3,000/- per month as wages. The claimants have also stated that the deceased was earning Rs.3,000/- per month. Thus, in the attending facts and circumstances, the assessment of the income of the deceased on the basis of Minimum Wages, as fixed by the State Government is not justified, hence, the order dated 22.06.2010 passed by learned Deputy Labour Commissioner-cum-Workmen’s Compensation Commissioner, Ranchi in C.W.C. Case no. 02/2006 is hereby modified and the income of the deceased is assessed at Rs.3,000/- per month, accordingly, the compensation payable is Rs.1500X224=Rs.3,36,000/-. The respondent-United India Insurance Co. Ltd., have paid Rs.2,26,249/- in terms of the award dated 22.06.2010, accordingly, the respondent- United India Insurance Co. Ltd., is directed to pay the outstanding amount of Rs.3,36,000-Rs.2,26,249/- = Rs.1,09,751/- rounded off to Rs.1,10,000/- to the appellants/claimants, within two months, from the date of this order. 9. Let a copy of this order be handed over to the counsel for the respondent-United India Insurance Co. Ltd., for needful. 10. In the result, the appeal is allowed to the extent as indicated above.