AMARAVATHI Vs. RAJESH A. @ RAJESH N. A.

JUDGEMENT

(1.) The claimants being the wife, children and mother of deceased Venkatesh are before this Court against the judgment and award dated 02.04.2016 passed by the Tribunal in ECA No.8/2014, dismissing the claim petition filed by the claimants under Section 22 of the Workmen's Compensation Act, 1923.

(2.) The claimants filed the claim petition claiming that deceased Venkatesh died on 21.09.2013 at about 1.30 p.m., during the course of employment under the first respondent. The deceased was unloading the sand from lorry bearing Reg.No.KA-07-A-2424 owned by the first respondent and when he was discharging his duties, fell down from the top of the sand load and died during the course of his employment. It is further contended that the jurisdictional police registered a case in UDR No.41/2013 under Section 174 of Cr.P.C. After the death of Venkateshappa @ Venkatesh, he was shifted to Vydehi Medical College Hospital to conduct postmortem and after the postmortem the dead body was handed over to the claimants. It is contended by the claimants that they have spent more than Rs.25,000/- towards transportation of dead body and funeral expenses. At the time of accident, the deceased was aged 35 years and was working as coolie under first respondent and was earning a sum of Rs.500/- per day. The respondents being the owner and the insurer of the vehicle are jointly and severally liable to pay the compensation to the claimants.

(3.) In response to the notice, respondents appeared before the Tribunal and filed their written statement. First respondent in his statement of objections admitted that he is the owner of lorry bearing Reg.No.KA-07-A-2424 and the policy was in force as on the date of accident. It was contended that he was doing sand business and on 21.09.2014, his lorry came to Kattamnallur gate and the driver parked the said lorry. At that time, one Mr.Anand came and asked the driver of the lorry as to whether unloading people are required. On the say of driver of the lorry, Mr.Anand called upon the deceased to help him to unload the sand and thereafter, went to Nagondanahalli village at the construction of building. While unloading the sand from the lorry, suddenly the deceased fell down and due to ill-health babbles came from his mouth. Immediately, he was shifted to Vydehi Hospital and there he was declared as dead. He contended that the deceased was not working under him and accordingly, he sought for dismissal of the petition.