H NARAYAN Vs. THIMMAKKA & ORS

JUDGEMENT

(1.) This appeal is directed against the Judgment and Order passed by the Commissioner for Workmen's Compensation, Bangalore, in WCA/FC/CR No.1/2011 whereby the Commissioner has awarded compensation of Rs.3,68,340/- with interest at 12% per annum after 30 days from the date of the accident till the date of deposit, fastening the liability on the appellant herein.

(2.) Briefly stated the facts are:

(3.) The learned Counsel appearing for the appellant placing reliance on the judgment of the Hon'ble Apex Court in the case of Lakshminarayana Shetty v. Shantha and another, 2002 3 LLJ 523 would contend that the deceased painter was not engaged by the appellant for any painting work, even assuming not admitting. would not fall within the ambit of Workmen's Compensation Act, 1923 ["Act", for short] and hence the decision of the Commissioner in entertaining the claim and awarding the compensation fixing the liability on the appellant is wholly inconceivable. It is the contention of the appellant that one Gurappa was entrusted with the painting work of his house and the same was completed on 27.10.2010 itself. There was no occasion for the deceased Thippanna to be present at the building of the appellant in the midnight at about 12 p.m. After consuming alcohol, the deceased fell down in the neighbour's compound and sustained injuries. However, the appellant was oblivious of any accident caused to the deceased Thippanna. Thus, denying the factum of employment accident, the learned Counsel submits that the Commissioner grossly erred in not appreciating the material evidence on record and mechanically awarded the compensation despite the provisions of the Act are not applicable to the facts of the present case.