Case Note & Summary
The case involves an appeal filed by the United India Insurance Co. Ltd. under Section 30(1) of the Employee's Compensation Act, 1923, challenging an award dated 11.04.2018 passed by the Additional Senior Civil Judge and JMFC, Mudhol in ECA No.32/2014. The deceased, Balawwa, was a labourer working on a tractor bearing No.KA-29/T-4694 and trailer bearing No.KA-29/T-4695 when she met with an accident and died. Her two sons, Subhas and Chandrashekhar, filed a claim petition seeking compensation. The trial court awarded Rs.2,81,255/- with interest at 12% per annum. The Insurance Company appealed, questioning the legality of the award. The High Court, after hearing the parties, dismissed the appeal, holding that the Insurance Company failed to raise any substantial question of law. The court noted that the appeal was devoid of merit and upheld the award of compensation to the claimants.
Headnote
A) Workmen's Compensation - Death of Labourer - Compensation - Employee's Compensation Act, 1923, Section 30(1) - Appeal by Insurance Company against award of compensation - Deceased Balawwa died while working as labourer on tractor and trailer - Claimants, her two sons, awarded Rs.2,81,255/- with 12% interest - Insurance Company challenged liability - Held that the appeal was dismissed as the Insurance Company failed to show any substantial question of law (Paras 1-3).
Issue of Consideration
Whether the Insurance Company is liable to pay compensation under the Employee's Compensation Act, 1923 for the death of a labourer working on a tractor and trailer?
Final Decision
Appeal dismissed. The award dated 11.04.2018 in ECA No.32/2014 passed by the Additional Senior Civil Judge and JMFC, Mudhol is confirmed.
Law Points
- Workmen's Compensation Act
- 1923
- Section 30(1)
- Appeal against award
- Compensation for death of labourer
- Tractor accident
- Employer-employee relationship
- Interest rate 12% p.a.
Case Details
2021 LawText (KAR) (07) 35
MFA NO.103030 OF 2018 (WC)
Sri. Nagangouda R. Kuppelur for appellant, Sri. G.R. Turamari for respondents 1 and 2, Sri. Hanamant R. Latur for respondents 3 to 7
The Divisional Manager, United India Insurance Co. Ltd.
Subhas S/o. Basappa Kamble, Chandrashekhar S/o. Basappa Kamble, Smt. Nurajan W/o. Dongrisab Ambi, Saiyadsab W/o. Dongrisab Ambi, Motinsab W/o. Dongrisab Ambi, Smt. Mumataj W/o. Aslam Mirajamadar, Mahibub S/o. Dongrisab Ambi
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Nature of Litigation
Appeal under Section 30(1) of Employee's Compensation Act, 1923 against award of compensation
Remedy Sought
Insurance Company sought to set aside the award dated 11.04.2018 in ECA No.32/2014
Filing Reason
Insurance Company challenged the legality of the award granting compensation to claimants
Previous Decisions
Award dated 11.04.2018 in ECA No.32/2014 by Additional Senior Civil Judge and JMFC, Mudhol granting Rs.2,81,255/- with 12% interest
Issues
Whether the Insurance Company is liable to pay compensation under the Employee's Compensation Act, 1923 for the death of a labourer working on a tractor and trailer?
Submissions/Arguments
Appellant (Insurance Company) argued that the award was illegal and liable to be set aside.
Respondents (claimants) supported the award and sought its confirmation.
Ratio Decidendi
The Insurance Company failed to raise any substantial question of law in the appeal under Section 30(1) of the Employee's Compensation Act, 1923, and therefore the appeal was dismissed.
Judgment Excerpts
This is an appeal by the Insurance Co. calling in question the legality of the order dated11.04.2018 in ECA No.32/2014 passed by the learned Additional Senior Civil Judge and JMFC Mudhol.
Brief facts are that, one Balawwa who is the mother of the claimants in this case met with an accident while she was working as a labourer in Tractor bearing No.KA-29/T-4694 and Trailer bearing No. KA-29/T-4695.
In the claim petition filed by the two sons of the deceased Balawwa, learned Court below has passed an award granting compensation of Rs.2,81,255/- with interest thereon at 12% p.a.
Procedural History
The claim petition was filed by the sons of the deceased before the Additional Senior Civil Judge and JMFC, Mudhol, which resulted in an award dated 11.04.2018. The Insurance Company appealed to the High Court of Karnataka under Section 30(1) of the Employee's Compensation Act, 1923.
Acts & Sections
- Employee's Compensation Act, 1923: Section 30(1)
