Case Note & Summary
The appeal was filed by the claimants, who are the legal representatives of the deceased Parasappa, challenging the order and award dated 12.10.2009 passed by the Commissioner for Workmen's Compensation, Davanagere, in Sam.Ka.Aa.Da/Ka.Na.Pa/CR-118/2007. The deceased was a driver of a tractor-trailer bearing registration No.KA-14-T-6266 owned by the first respondent, Shivamurthy. On 12.06.2007, while the deceased was driving the tractor-trailer, it met with an accident due to the negligence of the owner in entrusting the vehicle to the deceased who was not having a valid driving license. The deceased sustained fatal injuries and died on the spot. The claimants filed a claim petition before the Commissioner for Workmen's Compensation seeking compensation. The Commissioner awarded a compensation of Rs. 3,78,000/- with interest at 12% per annum from the date of accident. Aggrieved by the quantum of compensation, the claimants filed the present appeal seeking enhancement. The court considered the submissions of both parties and examined the evidence on record. The court held that the deceased was an employee of the first respondent and the accident arose out of and in the course of employment. The court found that the accident occurred due to the negligence of the owner in entrusting the tractor to the deceased who was not having a valid driving license. The court held that the owner cannot escape liability on the ground of contributory negligence as the deceased was not at fault. The court enhanced the compensation from Rs. 3,78,000/- to Rs. 5,67,000/- by applying the correct multiplier and calculating the loss of dependency. The court directed the insurance company to pay the enhanced compensation with interest at 12% per annum from the date of accident. The appeal was allowed in part.
Headnote
A) Workmen's Compensation - Employer-Employee Relationship - Section 30(1) of Workmen's Compensation Act, 1923 - The appeal was filed by the claimants challenging the order and award dated 12.10.2009 passed by the Commissioner for Workmen's Compensation, Davanagere, in Sam.Ka.Aa.Da/Ka.Na.Pa/CR-118/2007, seeking enhancement of compensation for the death of the deceased who was a driver of a tractor-trailer owned by the first respondent. The court held that the deceased was an employee of the first respondent and the accident arose out of and in the course of employment. (Paras 1-5) B) Workmen's Compensation - Negligence of Owner - Contributory Negligence - The court found that the accident occurred due to the negligence of the owner in entrusting the tractor to the deceased who was not having a valid driving license. The court held that the owner cannot escape liability on the ground of contributory negligence as the deceased was not at fault. (Paras 6-10) C) Workmen's Compensation - Quantum of Compensation - The court enhanced the compensation from Rs. 3,78,000/- to Rs. 5,67,000/- by applying the correct multiplier and calculating the loss of dependency. The court directed the insurance company to pay the enhanced compensation with interest at 12% per annum from the date of accident. (Paras 11-15)
Issue of Consideration
Whether the Commissioner for Workmen's Compensation erred in awarding compensation and whether the claimants are entitled to enhancement of compensation?
Final Decision
The appeal is allowed in part. The compensation is enhanced from Rs. 3,78,000/- to Rs. 5,67,000/-. The insurance company is directed to pay the enhanced compensation with interest at 12% per annum from the date of accident.
Law Points
- Workmen's Compensation Act
- 1923
- Section 30(1)
- Employer-Employee Relationship
- Negligence of Owner
- Contributory Negligence
- Quantum of Compensation
