KARNATAKA SOAPS DETERGENTS LTD Vs. HANUMANTHAMMA ALIAS HANUMAKKA

JUDGEMENT

(1.) THIS appeal is filed against the order dated 29-2-2000 passed in wca wc No. 30 of 1995 by the commissioner for workmen's compensation and labour officer, shimoga district, in allowing the claim petition for compensation.

(2.) THE brief facts of the case are that one sannarangappa was employed as a worker in the appellant-company. On 24-7-1992, the said sannarangappa died due to electric shock. On that day he had not attended the company's work as per attendance register maintained by the company. The wife and children filed a claim petition before the commissioner for workmen's compensation claiming the compensation of Rs. 1,53,000/ -. The commissioner has awarded the compensation of Rs. 78,824/- with interest at the rate of 6% from the date of accident till the date of realisation.

(3.) MR. Muralidher, learned counsel for the appellant has virtually taken out his heart and held it in his hand to convince me that the death had not taken in the course of the employment. His trump-card is that of the post-mortem report wherein it is stated that the death had taken place between 16 to 18 hours prior to the commencement of the postmortem examination. He also relied upon the documents in all 15 documents. The case of the appellant is that while the deceased made attempt to commit the theft of copper wire, he died of electrical shock. At the time of the death, he was wearing only baniyan and lungi. According to him, no employee was permitted to come within the factory premises without uniform. Moreover, he was absent on 24th i. e. , the date of accident. On the other hand Mr. K. s. sreekanth, learned counsel for the respondent submitted that while the deceased was cutting the grass, he came in touch with copper wire and incidentally it came in contact with the main wire. As such, he died of electrocution. Being not satisfied with the compensation, he has also filed cross-objections.