Bharathy K.G. vs Branch Manager, Oriental Insurance Co. Ltd.

B. Manohar, J.—Appellants are the claimants, being not satisfied with the quantum of compensation awarded by the Labour Officer and Commissioner for Workmen�s Compensation, Hassan Division (hereinafter referred to as �the WCC� for short). In WCA/NF/SR-22/2008 dated 12-08-2010 have filed his appeal.

The appellants have filed the claim petition contending that Late Puttaraju, husband of the first appellant and father of appellant No. 2 was working as a loader in Tractor and Trailer bearing Registration No. KA-13/1390-1391 belonging to the second respondent herein for last two years. On 4-9-2007, while he was repairing the water pipe in the Tractor and Trailer, he fell down and sustained grievous injuries; subsequently, he succumbed to injuries. The claimants claim that the accident occurred during the course and out of employment. At the time of death, the deceased was aged about 26 years and getting salary of Rs. 6,000/- p.m., and batta of Rs. 100/- per day. The family has lost the bread earner and hence sought for compensation.

In pursuance of the notice issued by the WCC, though the respondent Nos. 1 and 2 entered appearance, the owner of the vehicle has not filed any objections. The insurance company filed written statement denying the entire averments made in the claim petition and also contended that there is no relationship of master and servant between the deceased and owner of the vehicle. No document has been produced to show that the owner was paying the deceased salary of Rs. 6.000/- p.m., and batta of Rs. 100/- per day. Hence sought for dismissal of the claim petition.

On the basis of pleadings of the parties, the WCC framed necessary issues. The first claimant got examined herself as RW. 1 and got marked the documents as Ex. PI to Ex. P9. On behalf of the Insurance Company, the Divisional Manager was examined as R.W. 1 and got marked the insurance policy as Ex.R1.

On the basis of the oral and documentary evidence let in by the parties and taking into consideration police records such as spot mahazar, copy of the complaint and FIR and also Post-Mortem report, the WCC held that the deceased while discharging his duties fell down from the Tractor and Trailer and died during the course and out of employment. The claimants are the dependants of the deceased, hence they are entitled for compensation.

With regard to quantum of compensation is concerned, though the claimants claim that the owner of the Tractor and Trailer was paying the deceased a salary of Rs. 6,000/- p.m. and batta of 100/- per day, no document has been produced to establish the same. The owner of the Tractor and Trailer has not supported the case of the claimants. In view of that, the minimum wages being paid to the loader working in a Tractor and Trailer has been taken by the WCC which is at Rs. 3,750/-p.m. At the time of death, the deceased was aged about 30 years, applying the relevant factor 207.98 awarded a sum of Rs. 3,89,963/-with interest at the rate of 12% p.a. from one month after the accident, till the date of deposit. The claimants being not satisfied with the quantum of compensation awarded by the WCC have filed this appeal.

After hearing the learned counsel appearing for the parties, the only issue that has to be decided in this appeal is whether the quantum of compensation awarded by the WCC is in accordance with law.

The records clearly disclose that the deceased while he was discharging his duties as loader fell down from the Tractor and Trailer and succumbed to injuries on 4-9-2007. Though the claimants claim that the deceased was getting salary of Rs. 6,000/- p.m. and batta of Rs. 100/- per day, the same is not substantiated by producing necessary documents. The owner of the offending Tractor and Trailer has also not supported the case of the claimants. The accident occurred in the year 2007. Taking into consideration minimum wages being paid to the loaders working in the Tractor and Trailer during the relevant year, the WCC has considered the minimum wage of Rs. 3,750/- p.m., and applying the relevant factor has awarded the compensation of Rs. 3,89,963/- with interest at 12% p.a. Except oral assertion in the claim petition as well as in the evidence, no document has been produced to prove the income of the deceased. The owner of the vehicle has also not been examined. In the absence of necessary documents, the minimum wages being paid to the loader during the year 2007 has been taken by the WCC while awarding compensation which is just and fair, there is no infirmity or irregularity in the judgment and order passed by the WCC. The appellant has not made out any ground to interfere with the said order and there is no substantial question of law that arise for consideration in this appeal. Accordingly, the appeal is dismissed.