UNITED INDIA INSURANCE CO LTD Vs. ABDULSAB

JUDGEMENT

(1.) The Insurer-United India Insurance Company Limited, being aggrieved by the Judgment and Award dated 17.03.2010 passed by the Labour Officer and Workmen's Compensation Commissioner, Gadag District, Gadag (for short the 'Commissioner') in WCA:F: 98/2007 has filed this appeal.

(2.) It is the case of the claimants before the Commissioner for Workmen's Compensation that their son Tippu Sultan was working as a coolie under the 2nd respondent M/s.Diamond Electricals, Ballari on wages of Rs.3,000/- per month. On 10.04.2007, when the deceased was on duty of electrician in the house of Sri.P.V.Nagaraj situated in S.J.M. Extension, Bharamasagar at about 5.00 p.m. while working on the cables he received electric shock and succumbed to the electrocution. Therefore, the claimants clamed compensation of Rs.5,00,000/- against the respondent Nos.1 to 4. The claimants have stated that the deceased was working under respondent No.2 and respondent No.2 was engaged by respondent No.1 for the electrical works. Respondent Nos.3 and 4 are Insurers and they are jointly and severally liable to pay the compensation.

(3.) In pursuance of the notice, respondent Nos.1 to 4 appeared before the Commissioner. The 2nd respondent filed objections stating that on 10.04.2007 the deceased was working under him, at the time of attending electrical work he received electric shock and died. He has further stated that he has insured risk of his employees with respondent No.3-Insurance Company. In case of paying compensation, it may be saddled against respondent No.3. Respondent Nos.3 and 4 filed objections denying the averments made in the claim petition, they have denied that the deceased was workman under the 2nd respondent and drawing a salary of Rs.3,000/- per month and they have denied that the death of the deceased occurred in the course of employment. The compensation claimed by the claimants is excessive and exorbitant. It is further contended that their liability is subject to the terms and conditions of the policy and that policy issued to one Anjaneya Electrical Contractors, Kurtakoti village, Taluka Gadag cover the risk of their employees only and that they have declared the wages of Rs.1,000/- per month in respect of their employees.