Case Note & Summary
The appeal was filed by the claimants, the legal representatives of the deceased Chinnaswamy, who died due to electrocution on 14.08.2013 while working as a security guard at a construction site of Bangalore Metro Rail Corporation. The deceased was employed by Canon Detective and Security Service, which had a contract with Bangalore Metro Rail Corporation. The Commissioner for Workmen's Compensation awarded compensation of Rs. 5,00,000 with interest. The claimants appealed for enhancement. The court found that the accident occurred due to lack of safety measures and that the deceased's monthly wages were Rs. 8,000. Applying the Workmen's Compensation Act, 1923, the court computed the compensation as Rs. 8,05,000 (50% of monthly wages x relevant factor 201.25) and directed all respondents to pay jointly and severally with interest at 12% per annum from the date of accident. The appeal was allowed.
Headnote
A) Workmen's Compensation - Employer's Liability - Joint and Several Liability - Section 3, Workmen's Compensation Act, 1923 - The appeal was filed by the claimants seeking enhancement of compensation for the death of an employee who died due to electrocution while working at a construction site. The court held that the principal employer (Bangalore Metro Rail Corporation) and the contractor (Canon Detective and Security Service) are jointly and severally liable to pay compensation as the death arose out of and in the course of employment due to lack of safety measures. (Paras 1-10) B) Workmen's Compensation - Computation of Compensation - Section 4, Workmen's Compensation Act, 1923 - The court computed the compensation based on the deceased's monthly wages of Rs. 8,000 and applied the relevant factor for age 42, resulting in a total compensation of Rs. 8,05,000 with interest at 12% per annum from the date of accident. (Paras 11-15)
Issue of Consideration
Whether the compensation awarded by the Commissioner for Workmen's Compensation is just and proper, and whether the respondents are jointly and severally liable to pay compensation.
Final Decision
The appeal is allowed. The judgment and decree dated 26.06.2019 passed by the IX Additional Small Causes and Additional MACT, Bangalore in E.C.A. No.144/2014 is modified. The respondents are directed to pay compensation of Rs. 8,05,000 jointly and severally with interest at 12% per annum from the date of accident till realization.
Law Points
- Joint and several liability of principal employer and contractor
- duty to provide safe working conditions
- compensation calculation under Workmen's Compensation Act
- 1923
