UNITED INDIA INSURANCE CO. LTD. Vs. SUBHAS

JUDGEMENT

(1.) 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.

(2.) Brief facts are that, one Balawwa who is the mother o f 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.

(3.) The only contention advanced by the learned counsel for the appellant Insurance Co . is that since the claimants are admittedly of the age above 18 years, they are not dependents within the meaning o f Section 2(1)(d) of the Employee s Compensation Act, 1923 and there fore, the finding of the learned Court below that they are entitled to compensation for the death of deceased Balawwa is perverse and it is liable to be set aside.