BRANCH MANAGER,ORIENTAL INSURANCE COMPANY LIMITED Vs. JAYAMMA

JUDGEMENT

(1.) M.F.A.No.2333/2017 and M.F.A.Crob.No.102/2017 are filed challenging the judgment and award dtd. 17/12/2016, passed in E.C.A.No.53/2015, on the file of the Principal Senior Civil Judge and CJM, Chikkamagaluru ('the Tribunal' for short) questioning the liability as well as quantum of compensation.

(2.) The factual matrix of the case of the claimants before the Tribunal is that they are the wife and children of the deceased Subbaiah and the said Subbaiah was working as a coolie in the estate of respondent No.1. That on 26/8/2015, at about 10.00 a.m., when the deceased Subbaiah was plucking coconut from the tree in the estate, at that time, he accidentally fell down from the tree, due to which he sustained grievous injuries. Immediately, he was shifted to M.G. Hospital, Chikkamagaluru, wherein he was declared dead. It is the case of the claimants that the deceased was aged about 48 years as on the date of the accident and he was getting a sum of Rs.500.00 per day as wages from respondent No.1. The accident was occurred during the course of his employment under respondent No.1 and hence sought the compensation.

(3.) In pursuance of the claim petition, the respondents appeared through their respective learned counsel and filed the written statement. The respondent No.1/employer in his written statement admitted the relationship of employer and employee between him and the deceased, but he denied the age and wage of the deceased. The respondent No.1 contended that the deceased was being paid Rs.250.00 per day as wages. He further contended that he had obtained the workmen's insurance policy from respondent No.2 covering the risk of his employees and the same was in force and hence respondent No.2 is liable to pay the compensation.