DIVISIONAL CONTROLLER Vs. LAXMI

JUDGEMENT

(1.) This appeal by the Divisional Controller, NEKRTC is directed against the impugned Judgment passed by the II Addl. Civil Judge (Sr.Dn.) & Commissioner for Employees Compensation, Kalaburagi dated: 03-10- 2017 in ECA No.58/2015 whereby the Commissioner partly allowed the claim petition, thereby awarding compensation in a sum of Rs.5,42,000/- with interest at the rate of 12% per annum.

(2.) The respondent herein is the wife of the deceased has filed a claim petition before the Commissioner inter-alia contending that, the deceased Subhash S/o Marutirao was working as driver of the Bus bearing No.KA-32-F-1792 (Nrapatunga Nagar Sarige) route No.203 Schedule No.53 along with conductor by name Smt.Ansuya on 02-10-2014 and when said bus reached Akkamahadevi colony at Kalaburagi City at about 10.00 a.m., suddenly Subhash informed the conductor that, he felt chest pain and unable to run the bus. Immediately the said Subhash was taken to Government General Hospital, Kalaburagi but the Medical Officer declared that, Subhash died due to heart attack. Subhash was getting salary of Rs.34,450/- and he died during the course of his employment. Accordingly the petition is filed claiming compensation for the death of Subhash.

(3.) After the trial, the Commissioner for Employees Compensation took into the account the pleadings and evidence of the parties and also considering the order of the Ministry of Labour and employment dated: 31-05-2010 S.O. 1258(E) wages is to be considered as Rs.8,000/- per month. The age of the deceased as per the service register is taken as 55 years. Accordingly as per schedule IV of the Act, factor applicable is 135.56 and 50% of the salary will be Rs.4,000/-, hence the loss of income comes to Rs.5,42,200/- and the said compensation was awarded with interest at the rate of 12% per annum from one month after the date of incident till realization.