RAMESHA Vs. K.S. SURESH

JUDGEMENT

(1.) Heard the learned counsel for the appellants and the learned counsel for the 2nd respondent. With their consent, this appeal has been taken up for final disposal.

(2.) This appeal has been preferred by the claimants against the judgment and award dated 12.06.2017 passed in ECA No.07/2014-2015 on the file of the Senior Civil Judge and JMFC, Turuvekere, awarding compensation in a sum of Rs.3,37,830/- with interest at 12% per annum, from 30 days after the accident till the date of deposit.

(3.) The factual matrix of this appeal are as under: Appellants' son namely Pradeep, aged about 19 years was working under the 1st respondent as a Cleaner in a vehicle bearing registration No.KA-06/B- 9028 since from one year before the accident occurred, on monthly salary of Rs.4,000/- and bata of Rs.50/- per day paid by the 1st respondent. On 28.06.2011 he along with the 1st respondent were going in the 407 goods vehicle bearing Registration No.KA-06/B-9028 to transport medicine cucumber from Sunkapura Village, Gubbi Taluk, near Gotikere gate the back wheel of the vehicle got punctured. When the deceased Pradeep was replacing the punctured wheel of the vehicle by fixing jack, accidentally the said jack slipped and the bedding was fall on the deceased Pradeep, due to which he sustained fatal injuries over the chest. The localities removed him by lifting the vehicle and shifted him to Government Hospital Turuvekere. But on the same day at 4.00 p.m. he breath the last while taking treatment. Accordingly, his death is during the course of employment as a Cleaner while discharging the duty entrusted to him.