Karnataka High Court
Shantavva W/O Shivappa Nayak vs The Executive Engineer, Minor ... on 26 July, 2022
Bench: H.P.Sandesh
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MFA No. 21915 of 2012
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 26TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO. 21915 OF 2012 (WC-)
BETWEEN:
1. SHANTAVVA W/O SHIVAPPA NAYAK
AGE: 38 YRS, OCC: COOLIE, R/O MURADI TANDA, TALUK:
MUNDARAGI, DIST: GADAG
2. KUMAR ANAND S/O SHIVAPPA NAYAK
AGE: 19 YRS, OCC: COOLIE, R/O MURADI TANDA, TALUK:
MUNDARAGI,DIST: GADAG
3. SITA D/O SHIVAPPA NAYAK
AGE.18 YRS, OCC. EDUCATION,R/O MURADI TANDA,
TALUK. MUNDARAGI,DIST. GADAG
4. NAVEEN S/O SHIVAPPA NAYAK
AGE. 13 YRS, OCC.EDUCATION,
R/O MURADI TANDA, TALUK. MUNDARAGI,
DIST. GADAG, APPELLANT NO.4 IS REP/BY APPELLANT
NO.1, NOW APPELLANT NO.4 IS MAJOR HENCE
APPELLANT NO.4 IS DISCHARGED FROM GURADIAN.
...PETITIONER'S
(BY SRI. GIRISH S HIREMATH.,ADVOCATE)
AND:
1. THE EXECUTIVE ENGINEER, MINOR IRRIGATION
DEPARTMENT, DHARWAD DIVISION, DHARWAD
2. S.V.BANDI, DWD CLASS I CONTRACTOR, PLOT NO.08
VISHALNAGAR, BEHIND KSRTC, WORKSHOP, TQ: DIST:
BIJAPUR
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MFA No. 21915 of 2012
3. YALLAVVA W/O BASANAGOUDA PATIL
SINCE DECEASED BY HIS LRS.
3A. MANJUNATHGOUDA BASANGOUDA PATIL,AGE. 45,
OCC. AGRI, R/O. GUDIHAL,
POST. NITTUR, TQ. RANEBENNUR,
DIST. HAVERI.
...RESPONDENT'S
(BY SRI.RAMESH CHIGARI, HCGP FOR R1.,
SRI.D.M.BANDI, ADVOCATE FOR R2;
R3 DECEASED; R3(A) SERVED)
THIS APPEAL IS FILED U/S. 30(1) OF THE W.C.ACT AGAINST
THE JUDGMENT AND DECREE DATED 17/6/2010 IN
WCL/F.NO.16/2007 ON THE FILE OF THE LABOUR OFFICER AND
COMMISSIONER FOR WORKMEN COMPENSATION, GADAG.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY. THE
COURT DELIVERED THE FOLLOWING.
JUDGMENT
Though the matter is listed for admission with the
consent of both the counsel the matter is taken up for final
hearing.
2. This appeal is filed challenging the judgment and award
dated 17/6/2010 passed by the Commissioner and Labour
Officer, Workmens' compensation, Gadag (For short the
Commissioner) in WC.No.16/2007.
MFA No. 21915 of 2012
3. Factual matrix of the case are that, Shivappa S/o
Hariyappa Nayak was an employee of 2nd respondent. On
17/2/2005, he was travelling in a tractor and trailer bearing
No.KA-27/T-2651 and 2652 to bring stones, the vehicle was
driven by the driver as per the direction of respondent No.2, at
that time tractor and trailer toppled into ditch and in the said
incident, he succumbed to injuries due to rash and negligent
driving by the driver of tractor and trailer. On account of death
of Shivappa S/o Hariyappa Nayak, claimants filed claim petition
before the Commissioner to award just and proper
compensation. However, the Commissioner has erred in
assessing the monthly income of the deceased at Rs.3,000/-
p.m. and hence, the present appeal is filed.
4. The substantial question law arises in this appeal is,
whether the Commissioner has committed error in assessing
the monthly income of the deceased at Rs.3,000/- instead of
Rs.4,000/-?
5. Having heard the respective counsel and also on perusal
of the material on record would indicate that the incident was
MFA No. 21915 of 2012
taken place in the year 2005. The Commissioner while
assessing the compensation has taken monthly income of the
deceased at Rs.3,000/- p.m. However, learned counsel for
respondent No.1 contended that at the time of accident
deceased was getting bhatta of Rs.100/- per day and he was
aged about 40 years and hence, the Commissioner has rightly
assessed the monthly income of the deceased at Rs.3,000/-.
The said contention cannot be accepted for the reason that
statute itself provides salary of Rs.4,000/- per month for
coolies and as such, the Commissioner ought to have taken
monthly income of the deceased at Rs.4,000/-. Hence,
determining compensation payable to the claimants by
assessing monthly income of the deceased at Rs.4,000/-, the
claimants are entitled for total compensation as under:
4,000/- x 50/100 x184.17= Rs.3,68,340/-
6. In view of the above, I pass the following:
ORDER
i) The appeal is allowed in part.
MFA No. 21915 of 2012
ii) The judgment and award dated 17/6/200 passed by the
Commissioner and Labour Officer, Workmens' compensation,
Gadag in WC.No.16/2007 is hereby modified.
iii) The claimants are entitled for total compensation of
Rs.3,68,340/- with interest at the rate of 12% per annum from
30 days from the date of accident i.e. on 19/03/2005 till
realization.
iv) The total compensation along with interest shall be
deposited by the Insurance Company within four weeks from
the date of receipt of certified copy of this order.
v) Registry to draw award accordingly.
Sd/-
JUDGE
VB
