IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE K. SOMASHEKAR MISCELLANEOUS FIRST APPEAL NO.2037/2018 (WC) BETWEEN:
1. RAMESHA, S/O. SHIVANNA GOWDA, AGED ABOUT 49 YEARS 2. LOLAKSHAMMA, W/O. H.S. RAMESH, AGED ABOUT 42 YEARS, BOTH ARE RESIDING AT KANATHURU HOSURU VILLAGE, DABBEGATTA HOBLI, TURUVEKERE TALUK, TURUVEKERE-572 227.
... APPELLANTS (BY SRI K. SHANTHARAJ, ADV.) AND:
1. K.S. SURESH, S/O. SHANKAR GOWDA, AGE MAJOR, RESIDING AT KALANJANA HALLI, MUNIYUR POST, TURUVEKERE TALUK, TURUVEKERE-572 227 2. SRIRAM GENERAL INSURANCE COMPANY LTD., REPRESENTED BY ITS MANAGER M.G. ROAD, TUMAKURU-572 101 (BY SRI B. PRADEEP, ADV., FOR R2; R1-NOTICE DISPENSED WITH) ... RESPONDENTS THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30(1) OF W.C. ACT AGAINST THE JUDGMENT AND AWARD DATED 12.06.2017 PASSED IN ECA NO.7/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, TURUVEKERE, PARTLY ALLOWING THE CLAM PETITION FOR COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
J U D G M E N T Heard the learned counsel for the appellants and the learned counsel for the 2nd respondent. With their consent, this appeal has been taken up for final disposal.
2. This appeal has been preferred by the claimants against the judgment and award dated 12.06.2017 passed in ECA No.07/2014-2015 on the file of the Senior Civil Judge and JMFC, Turuvekere, awarding compensation in a sum of Rs.3,37,830/- with interest at 12% per annum, from 30 days after the accident till the date of deposit.
3. The factual matrix of this appeal are as under:
Appellants’ son namely Pradeep, aged about 19 years was working under the 1st respondent as a Cleaner in a vehicle bearing registration No.KA-06/B- 9028 since from one year before the accident occurred, on monthly salary of Rs.4,000/- and bata of Rs.50/- per day paid by the 1st respondent. On 28.06.2011 he along with the 1st respondent were going in the 407 goods vehicle bearing Registration No.KA-06/B-9028 to transport medicine cucumber from Sunkapura Village, Gubbi Taluk, near Gotikere gate the back wheel of the vehicle got punctured. When the deceased Pradeep was replacing the punctured wheel of the vehicle by fixing jack, accidentally the said jack slipped and the bedding was fall on the deceased Pradeep, due to which he sustained fatal injuries over the chest. The localities removed him by lifting the vehicle and shifted him to Government Hospital Turuvekere. But on the same day at 4.00 p.m. he breath the last while taking treatment. Accordingly, his death is during the course of employment as a Cleaner while discharging the duty entrusted to him.
4. On filing of petition, the Court below awarded compensation in a sum of Rs.3,37,830/- with interest at 12% per annum. The same has been challenged in this appeal by urging various grounds.
5. Learned counsel for the appellants herein has taken me through the amended provision of Section 4 of the Employees Compensation Act of 1923, as the Central Government has specified under Sub-Section (1) of the Act Rs.8,000/- as monthly wages and the same was effected from 31.05.2010. In the instant case the accident was occurred on 26.08.2011. The deceased was working as a Cleaner under the 1st respondent - owner of the offending vehicle and drawing the salary in a sum of Rs.4,000/- per month and bata of Rs.50/- per day as contended by the claimants. However, the Court below has held the salary of the deceased Pradeep at Rs.3,000/- per month keeping in view the pleadings of the 1st respondent owner of the offending vehicle. In order to prove their contention the claimants have placed documentary evidence of Ex.P1-FIR, Ex.P2- Complaint, Ex.P3-Spot Mahazar and Ex.P5-PM Report before the Court below for seeking compensation. Under Section 4 of the Employees Compensation Act, 1923, the Central Government has specified by issuing circular fixing the monthly wages at Rs.8,000/- to the employee with effect from 31.05.2010. Therefore, the judgment and award passed by the Court below requires intervention in this appeal keeping in view the scope and object of the provision under Section 4 of the Employees Compensation Act, 1923. By taking this contention, learned counsel for the appellants seeks for allowing the appeal and prayed to enhance the compensation awarded by the Court below.
6. Learned counsel for the 2nd respondent vehemently contended that there was no pleadings for enhancement of compensation by assessing the income of the deceased at Rs.8,000/- as monthly wages vide Notification No. S.O. 1258(E), dated 31-5-2010 issued by the Central Government relating to amendment to Section 4 of the Employees Compensation Act, 1923. When there was no pleadings, now it does not call for interference in this appeal. It is provided to hold Rs.8,000/- as monthly wages it has to be effected from 31.05.2010. On all these grounds he seeks for dismissal of this appeal on devoid of merit.
7. In the context of these contentions taken by the learned counsel for the appellant and also the learned counsel for the 2nd respondent it is relevant to state that the incident took place on 28.06.2011 when the deceased Pradeep along with the 1st respondent - owner of the offending vehicle was proceeding in order to transport medicine cucumber from Sunkapura Village. There is no dispute with regard to death of the deceased Pradeep due to accidental injuries and the claimants are parents of the deceased and they are the poor agriculturists entirely depending the earnings of the deceased. As per the contention taken by the claimants the deceased Pradeep was getting salary of Rs.4,000/- per month and Rs.50/- per day bata from the owner of the offending vehicle.
8. In exercise of the powers conferred by Sub-Section (1B) of Section 4 of the Employees’ Compensation Act, 1923 (8 of 1923), the Central Government has specified for the purposes of Sub-Section (1) of the said Section, Rs.8,000/- as monthly wages, with effect from 31.05.2010. Therefore, the scope for enhancement of the income of the deceased in the instant case, though the 1st respondent has taken the pleadings that the deceased was paid Rs.3,000/- per month and Rs.50/- per day as bata. Out of Rs.8,000/- 50% is to be deducted personal expenses of the deceased as the deceased was bachelor at the time of accident. Accordingly, if Rs.50% is deducted it works out to Rs.4,000/- per month as contribution to his parents. Therefore, the loss of dependency works out to Rs.9,00,880/- (Rs.4,000/- x 225.22 (factor)) as against Rs.3,37,830/-. There will be enhancement of Rs.5,63,050/-. The interest awarded at 12% per annum from 30 days after the accident till the date of deposit stands unaltered.
9. Accordingly, the following:
ORDER The appeal is allowed in part.
The amount in a sum of Rs.5,63,050/- shall be enhanced with interest at 12% per annum.
Sbs* SD/- JUDGE