NUSRAT JAHAN Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) The appellants - petitioners have preferred this appeal against the Judgment passed by the III Addl. Civil Judge (Sr.Dn.) & Commissioner for Employees Compensation, Kalaburagi dated: 09-01-2017 in ECA No.249/2014 whereby the Commissioner partly allowed the claim petition, thereby awarding compensation for Rs.5,19,950/- but deducted Rs.5,00,000/- as ex-gratia amount and awarded a sum of Rs.19,950/- with interest at the rate of 12% per annum.

(2.) The appellants filed claim petition before the III Addl. Senior Civil Judge & Commissioner for Employees Compensation, Kalaburagi contending that, deceased Pigamber Maheboobsab Mulla was engaged by the respondent No.1 as a lineman and he was deputed at Bilwar sub-section of Jewargi and on 18-09-2012 while discharging his duties, due to the electrical accident he died. So they claimed the compensation by filing this petition.

(3.) The respondent contested the claim petition before Commissioner for Employees by admitting the relationship of employee and employer and occurrence of acicdent in the written statement, but denied that the deceased was getting salary of Rs.12,000/- per month, but admit that, they used to pay Rs.5,000/- per month. Further contended that respondent was already paid compensation of Rs.5,00,000/-. With these contentions respondent has prayed to dismiss the petition. The respondent neither adduced any evidence, nor produced any document.