Case Note & Summary
The appellant, Managing Director of KSRTC, Bijapur Division, filed an appeal under Section 30(1) of the Workmen's Compensation Act, 1923 against the judgment and order dated 15/05/2009 passed by the Labour Officer and Commissioner for Workmen's Compensation, Sub-Division-I, Bijapur in WCA/SR No.45/2003. The Commissioner had allowed the claim petition filed by Smt. Annapurna and others (respondents, legal representatives of deceased Basavaraj) in part, awarding compensation of Rs.3,79,120/- together with interest at 12% per annum. The deceased, Basavaraj, was employed as a Conductor with KSRTC and died in a road accident while on duty. The appellant contended that the accident did not arise out of and in the course of employment. The court, after hearing the parties, dismissed the appeal, holding that the death occurred during the course of employment and the compensation awarded was just and proper. The court found no grounds to interfere with the Commissioner's order.
Headnote
A) Workmen's Compensation - Death arising out of employment - Section 3, Workmen's Compensation Act, 1923 - The court considered whether the death of a conductor who died in a road accident while on duty arose out of and in the course of employment - Held that the accident occurred during the course of employment and the employer is liable to pay compensation (Paras 2-4).
Issue of Consideration
Whether the death of the deceased employee (conductor) arose out of and in the course of his employment, and whether the compensation awarded by the Commissioner is sustainable.
Final Decision
The appeal is dismissed. The judgment and order dated 15/05/2009 passed by the Labour Officer and Commissioner for Workmen's Compensation, Sub-Division-I, Bijapur in WCA/SR No.45/2003 is confirmed.
Law Points
- Workmen's Compensation Act
- 1923
- Section 30(1)
- Employer's liability
- Death arising out of and in the course of employment
- Burden of proof
- Res ipsa loquitur
Case Details
2019 LawText (KAR) (09) 51
Sri Shivashankar H. Manur (for appellant), Sri Babu H Metagudda (for R1 to R4)
The Managing Director, K.S.R.T.C., Bijapur-Div., Now represented by Its Chief Law Officer, Central Office, Sarige Sada, Gulbarga
Smt. Annapurna W/o Late Basavaraj Hiremath, Kum. Chetan S/o Late Basavaraj Hiremath, Kum. Chandan S/o Late Basavraj Hiremath, Kum. Naveen S/o Late Basavaraj Hiremath, Sri. Channabasayya S/o Siddaramayya Hiremath, Smt. Saraswati W/o Channabasayya Hiremath (Respondent Nos.5 & 6 are dead, Respondent Nos.1 to 4 are treated as LRs of respondent Nos.5 & 6)
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Nature of Litigation
Appeal under Section 30(1) of the Workmen's Compensation Act, 1923 against the order of the Commissioner for Workmen's Compensation awarding compensation to the legal representatives of a deceased employee.
Remedy Sought
The appellant (KSRTC) sought to set aside the judgment and order dated 15/05/2009 passed by the Labour Officer and Commissioner for Workmen's Compensation, Sub-Division-I, Bijapur in WCA/SR No.45/2003, and to dismiss the claim petition.
Filing Reason
The appellant challenged the compensation awarded to the respondents (legal representatives of deceased Basavaraj) on the ground that the death did not arise out of and in the course of employment.
Previous Decisions
The Labour Officer and Commissioner for Workmen's Compensation, Sub-Division-I, Bijapur allowed the claim petition in part and awarded Rs.3,79,120/- with interest at 12% per annum.
Issues
Whether the death of the deceased employee (conductor) arose out of and in the course of his employment?
Whether the compensation awarded by the Commissioner is sustainable?
Submissions/Arguments
The appellant argued that the accident did not arise out of and in the course of employment.
The respondents contended that the deceased died while on duty and the compensation was rightly awarded.
Ratio Decidendi
The death of the conductor occurred during the course of his employment, and the employer is liable to pay compensation under the Workmen's Compensation Act, 1923. The compensation awarded by the Commissioner is just and proper.
Judgment Excerpts
The substance of the facts that gave rise for initiating the proceedings before the Commissioner is that one Basavaraj who was working as a Conductor... died in a road accident while on duty.
This appeal is directed against the judgment and order passed by the learned Labour Officer and Commissioner for Workmen’s Compensation... wherein the claim petition... came to be allowed in part and a compensation amount of Rs.3,79,120/- came to be awarded together with interest at the rate of 12% per annum.
Procedural History
The claim petition was filed by the respondents before the Labour Officer and Commissioner for Workmen's Compensation, Sub-Division-I, Bijapur in WCA/SR No.45/2003. The Commissioner allowed the petition in part on 15/05/2009, awarding Rs.3,79,120/- with 12% interest. The appellant filed this appeal under Section 30(1) of the Workmen's Compensation Act, 1923 before the High Court of Karnataka, Kalaburagi Bench.
Acts & Sections
- Workmen's Compensation Act, 1923: Section 30(1), Section 3
