SHANTAVVA Vs. EXECUTIVE ENGINEER, MINOR IRRIGATION DEPARTMENT

JUDGEMENT

(1.) Though the matter is listed for admission with the consent of both the counsel the matter is taken up for final hearing.

(2.) This appeal is filed challenging the judgment and award dtd. 17/6/2010 passed by the Commissioner and Labour Officer, Workmens' compensation, Gadag (For short the Commissioner) in WC.No.16/2007.

(3.) Factual matrix of the case are that, Shivappa S/o Hariyappa Nayak was an employee of 2nd respondent. On 17/2/2005, he was travelling in a tractor and trailer bearing No.KA-27/T-2651 and 2652 to bring stones, the vehicle was driven by the driver as per the direction of respondent No.2, at that time tractor and trailer toppled into ditch and in the said incident, he succumbed to injuries due to rash and negligent driving by the driver of tractor and trailer. On account of death of Shivappa S/o Hariyappa Nayak, claimants filed claim petition before the Commissioner to award just and proper compensation. However, the Commissioner has erred in assessing the monthly income of the deceased at Rs.3,000.00 p.m. and hence, the present appeal is filed.