UNITED INDIA INSURANCE CO LTD Vs. RUKMINI

JUDGEMENT

(1.) Both the Insurer-United India Insurance Co. Ltd. and the claimants being dissatisfied with the judgment and award dated 30.06.2015 passed in E.C.A. No.19/2015 by the Senior Civil Judge cum Member VIMACT at Kudligi have filed these appeals.

(2.) It is the case of the claimants before the Tribunal that the claimant No.1 is the legally wedded wife, claimant Nos.2 to 4 are the children and claimants No.5 and 6 are the parents of the deceased-Shanmukhappa @ Shanmukha. He died in an accident which took place on 11.08.2009 at about 1.30 p.m. at Kamathur Iron Ore, Kamathur Deogiri belonging to the 1st respondent while the deceased was working as a senior driller under the employment of the 1st respondent and that he was getting wages of Rs.4082/- per month from respondent No.1. On 11.08.2009, when the deceased as usual attended his work as senior driller under the employment of the 1st respondent as per his instructions, he died during and in the course of employment and out of employment under respondent No.1. The Chief Medical Officer, SMIORE, Deogiri has issued death certificate. Prior to the accident, the deceased was hail and healthy, aged about 45 years and working as a senior driller drawing salary of Rs.4082/- per month. The claimants lost their earning member. Claimant No.1 lost her lovely partner. Since the deceased was workman and the accident in question arose in the course of and out of employment under respondent No.1, the claimants being the legal representatives of the deceased claimed compensation.

(3.) In pursuance of the notice, respondents appeared before the Tribunal and filed separate written statement.