JUDGMENT/ORDER Anil B. Katti, J. - Appellants challenging the judgment and award passed by Senior Civil Judge & Principal JMFC, Tarikere in ECA No.17/2014 dated 08.03.2017. 2. For the sake of convenience, parties are referred according to their ranks before the Tribunal. 3. The factual matrix leading to the case of claimants/appellants can be stated in nutshell to the effect that appellant No.1 is the wife and appellant No.2 is the daughter of deceased Velliyan working as an employee under respondent No.1. On 01.06.2012, Velliyan was shade loping the tree, at that time accidentally fell down and sustained injuries, further succumbed to such injuries on the spot. The deceased Velliyan died during the course of employment under respondent No.1 and he was getting Rs.6,000/- per month as salary. The appellants being the dependents of deceased Velliyan filed claim petition seeking compensation. 4. In response to notice, respondent Nos.1 and 2 appeared through their counsel and filed objections. Respondent No.1 has admitted that deceased was his employee and on 01.06.2012, during the course of employment met with accident and died due to the injuries sustained by him. It is further contended that all employees are insured with respondent No.2 and intimated the fact of accident to Insurance Company. Therefore, seeks to exonerate from the liability to pay any compensation to appellants. 5. Respondent No.2 admitted about issuance of policy in favour of respondent No.1 and the same was in force as on the date of incident, further deceased died during the course of employment with respondent No.1. Respondent No.2 has no liability to pay interest for penalty according to terms of policy. Therefore, prayed for dismissal of petition. 6. The appellants relied on the evidence of PW.1 and documents at Exs.P.1 to P.7. Respondents have not lead in any evidence however on consent marked Exs.R.1 to R.3. The Trial Court on appreciating the evidence has partly allowed the petition by awarding compensation of Rs.2,82,298/- with interest at 12% p.a. from 01.07.2012 till realization. 7. The deceased Velliyan died during the course of employment under respondent No.1 on 01.06.2012 is not at issue. The grievance of appellants is that the wages taken is below minimum wages and therefore Exs.R.1 to R.3 cannot be made as basis for considering the wages of Rs.141.85 per day. 8. 7. The deceased Velliyan died during the course of employment under respondent No.1 on 01.06.2012 is not at issue. The grievance of appellants is that the wages taken is below minimum wages and therefore Exs.R.1 to R.3 cannot be made as basis for considering the wages of Rs.141.85 per day. 8. The substantial questions of law raised by appellants are; i) Whether the wages taken of deceased is below minimum wages? ii) What order? 9. Heard the arguments of both sides. 10. Indisputably, the deceased Velliyan died during the course of employment under respondent No.1 on 01.06.2012. Therefore, the present case is covered in terms of Section 4(1)A of Employees' Compensation Act, 1923 (for short 'Act'). The compensation has to be determined for an amount equal to 50% of the monthly wages of deceased employee multiplied by the relevant factor. 11. The Trial Court on the basis of Exs.R.1 to R.3 check roll of employees has determined the wages of deceased at Rs.141.85 per day. Respondent No.1 has paid Rs.15,000/-by cash and Rs.1,00,000/- by cheque in favour of appellant No.1 as advance compensation with regard to death of Velliyan during the course of employment. The grievance of learned counsel for the appellants is that in view of Gazette Notification dated 31.05.2010, under SO 1258(E), the Central Government for the purpose of Sub-Section 1 of Section 4 of the Act notifies the minimum wages as Rs.8,000/-. The said amount should have been taken as the minimum wage by the Trial Court while determining the compensation in terms of Section 4(1)A of the Act. 12. The date of incident in the present case is 01.06.2012 and the Gazette Notification referred above was already in force which came into effect on 31.05.2010. Therefore, in view of the said notification minimum wages should be accepted at Rs.8,000/-. The age of deceased is accepted as 50 years on the basis of PM report Ex.P.6 in the absence of any evidence on record. In view of Schedule IV factor is applicable and the applicable to the accepted age of deceased is 153.09. If the same is calculated in terms of Section 4(1)A of the Act, then it comes to (Rs.4,000/-x 153.09) = Rs.6,12,360/-, to which amount appellants are entitled to as compensation. Consequently, point No.1 for consideration is answered in the affirmative. 13. In view of Schedule IV factor is applicable and the applicable to the accepted age of deceased is 153.09. If the same is calculated in terms of Section 4(1)A of the Act, then it comes to (Rs.4,000/-x 153.09) = Rs.6,12,360/-, to which amount appellants are entitled to as compensation. Consequently, point No.1 for consideration is answered in the affirmative. 13. In view of the reasons recorded supra, proceed to pass the following; Order The appeal is hereby partly allowed. The judgment and award passed by Senior Civil Judge & Principal JMFC, Tarikere in ECA No.17/2014 dated 08.03.2017 is ordered to be modified as under; The appellants herein are entitled for total compensation of Rs.6,12,360/-. Respondent No.2 is liable to pay the compensation and respondent No.1 is liable to pay interest at the rate of 12% per annum on the said amount from 01.07.2012 till realization within three months from the date of this order. The apportionment and investment as order by the Trial Court is maintained. Registry shall send a copy of the judgment along with records to the Trial Court.