HUCHHARAYAPPA S/O. RAMAPPA Vs. D.V. PRASANNA, S/O. VIJAYANNA, OWNER OF TRUCK BEARING NO.KA-16-A-2762 KOTTAGALLA, HOLALKERE TALUK, CHITRADURGA DISTRICT AND THE MANAGER, BAJAJ ALLIANZ INSURANCE CO. LTD., DAVANAGERE

JUDGEMENT

(1.) THE appellant is a claimant before the Labour Officer and the Commissioner, Workmen Compensation. Being aggrieved by the quantum of compensation awarded by the Labour Officer and the Commissioner, Workmen Compensation, Davanagere made in LOD:WCA:CR:NO. 07/2009 dated 17.03.2010, the claimants have filed this appeal.

(2.) THE case of the claimant to that one Sri, K, Chandrappa, son of the claimants working as a cleaner in Truck bearing registration No.KA -16 -A -2762 belonging to the 1st Respondent herein. On 18.10.2006, at Ganjikatte village, white he was lifting the stepny tyre from the truck in order to change the tyre of the said truck, he came in contact with the live electric wire and died on the spot. The complaint has been lodged in Chickajajur Police station and the police have registered the case as UDR No.30/2008. The claimants have contended that me deceased was only the earning member of their family and was getting salary of Rs. 4,000/ - per month end daily bata of Rs.100/ - per day. He died during the course of employment at Ganjikatte Village on 18.10.2008 and sought for completion.

(3.) THE Commissioner for Workmen Compensation after considering the oral and documentary evidence and taking into consideration the copy of the FIR, Spot inspection and report of Motor Vehicle Inspector came to the conclusion that the deceased died during the course of employment and he was the employee of the 1st Respondent. The claimants are the dependants of the diseased and they are entitled for compensation. Accordingly, taking into consideration, the age of the deceased as 20 years and taking into consideration, the salary of Rs.3000/ -, applying the relevant factor, awarded the compensation of Rs. 3,36,000/ - with 7.5% interest from the date of claim petition till the date of passing of the Order and 12% after one month from the date of passing of the Order.