NAVEEN ARONHA Vs. GANGU

JUDGEMENT

(1.) THE employer and the insurer being aggrieved by the order of the workmen's Compensation Commissioner (for short 'the Commissioner'), chickmagalur, dated 20-7-2002 made in Case No. KA PA KA F-22/1997, have preferred this miscellaneous first appeal under Section 30 (i) of the workmen's Compensation Act, 1923 (for short, 'the Act' ).

(2.) THE Commissioner by the order under appeal has held that the husband of the first respondent and father of respondents 2 and 3 died in the course of employment and on that basis, has determined and awarded the compensation in a sum of Rs. 1,10,136. 00 with 12% simple interest.

(3.) THE first respondent on her behalf and on behalf of her two children, submitted a petition to the Commissioner alleging that she and her late husband by name Tukra were agricultural labourers and they were working in the estate of the 1st appellant, who is a coffee planter owning coffee estate. On 28-4-1997, Tukra while cutting the grass on the bank of a tank situate in the estate, slipped into the tank and was drowned and as a consequence he died, and his corpse was recovered on 29-4-1997. She further stated that the applicants 2 and 3 are minor children born out of the wedlock between her and deceased Tukra, and that Tukra at the time of his death was 35 years old. She also stated that deceased Tukra was earning daily wages of Rs. 42. 75p.