Case Note & Summary
The appeal was filed by the Insurance Company challenging the judgment and award dated 23.01.2017 passed by the II Additional Senior Civil Judge and MACT, Tumkur in ECA No.116/2014, awarding compensation of Rs.8,91,770/- with interest at 12% p.a. from the date of accident till realization. The deceased, H.D. Veeranna, was a cleaner on a tempo bearing registration No.KA-06-B-6299 owned by respondent No.6-Kenchappa. On 10.05.2014, while the vehicle was parked on the roadside near Khandenahalli Gate, the deceased got down from the vehicle and was hit by a car, resulting in fatal injuries. The claimants, being the wife, minor children, and parents of the deceased, filed a claim petition under the Workmen's Compensation Act, 1923. The Tribunal held that the deceased was a workman employed by respondent No.6 and that the accident arose out of and in the course of employment. The Insurance Company was held liable to pay compensation. The Insurance Company appealed, contending that there was no employer-employee relationship and that the accident did not occur during the course of employment. The High Court, after examining the evidence, found that the deceased was employed as a cleaner and was paid wages, establishing an employer-employee relationship. The court also held that the accident occurred while the deceased was in the course of employment as he was attending to the vehicle. The court upheld the quantum of compensation and interest, finding no grounds to interfere. The appeal was dismissed.
Headnote
A) Workmen's Compensation - Employer-Employee Relationship - Section 3, Workmen's Compensation Act, 1923 - The deceased was employed as a cleaner on a tempo and was paid wages regularly, establishing an employer-employee relationship. The Tribunal's finding that the deceased was a workman under the Act was upheld. (Paras 4-6) B) Workmen's Compensation - Liability of Insurance Company - Section 147, Motor Vehicles Act, 1988 - The insurance policy covered the vehicle and the deceased was a gratuitous passenger? The court held that the insurance company is liable to indemnify the employer for compensation awarded under the Workmen's Compensation Act. (Paras 7-9) C) Workmen's Compensation - Quantum of Compensation - Section 4, Workmen's Compensation Act, 1923 - The Tribunal awarded Rs.8,91,770/- with interest at 12% p.a. The court found no error in the calculation based on the deceased's age and wages. (Paras 10-12) D) Workmen's Compensation - Interest Rate - Section 4A, Workmen's Compensation Act, 1923 - The interest rate of 12% p.a. from the date of accident is in accordance with the Act. (Para 13)
Issue of Consideration
Whether the appellant-Insurance Company is liable to pay compensation under the Workmen's Compensation Act, 1923, for the death of a cleaner in a motor vehicle accident, and whether the quantum of compensation and interest awarded by the Tribunal is correct.
Final Decision
The appeal is dismissed. The judgment and award dated 23.01.2017 passed by the II Additional Senior Civil Judge and MACT, Tumkur in ECA No.116/2014 is confirmed. No order as to costs.
Law Points
- Employer-employee relationship
- Workmen's Compensation Act
- 1923
- Section 30(1)
- Motor Vehicles Act
- 1988
- Section 147
- Liability of insurance company
- Quantum of compensation
- Interest rate
