High Court Karnataka High Court

The Oriental Insurance Co Ltd vs Master Charanraj T on 18 October, 2010

Karnataka High Court
The Oriental Insurance Co Ltd vs Master Charanraj T on 18 October, 2010
Author: K.L.Manjunath And B.Manohar
IN THE HIGH COURT OF KARNATAKA, 

DATED THIS THE \8""' DAY OF OCTOBER_,;r';2O.1V{i.'__;:   

PRESENT

THE HONBLE MRJUSTICE   é 

THE HONBLE MR. JUS;f£'€iE 
MFA.NO.S5-?§}?--5 or 

BETWEEN:   '  '

The Orienta} Insuranéée Lo." LtL:1,, _ V V 
No.21, Sarva.n12Lt'1g.::'i-.a"C'o1np1e:>s:,"   "
Hosur Main Road,  5.;_ 3  *
Adugocli, Banga1ore--38f;i  
Represented by -the ger, 'A '  _
Oriental Inst; rance Co;  ':LVtd;..__  ». .4 
Regional Office, V  = 

Leo Shopping Complex} _

N o.44 / 4 Q. Residene3r._Road,

}3a:1ga1ore':5:eo 025.  eeeee "  APPELLANT

  E , Advocate)

..  1-V.' «._ V ' Master. Charanraj .T,

  ., S /'0 ._Late T.Tilak Kumar,
- j " M:'no$r, Reptcl. by Grandmother
--  And Natural Guardian R2 herein

é/



2. Smt.R.Shashika1a,
W/o.B.'i'harai-rararn Prasad,
Aged 48 years.

3. Sri.B.'i'harakaram Prasad,
S/o.Late A.K.BaIaprasad,
Aged major,    
Age of R3 is not forthcoming inIthe,._ L '
Judgment of Commissioner.   A

A11 are R/at No.116,

3"' Main Road,

Dobi Nanjappa Block; 
Gavipuram GuttahaJii._,_ 
Bangalore. '

4. Sri.S.Jayaku,rnar;-. p 1. _,

S/o.Narayanap}§a,__. .  '

Major, =: _ .V
Shankarapp am, n _g
No.837',"17:%;Ma_ir%:,"i is N
am Brock, Kora.rn.ar1ga1a,"'~-.__ a .
Bangalore. a    RESPONDENTS
(By Sri.D.Ramesh, Ad_\focate for R1, R2, R3 3: R4
service held ~s_ufficient)

 ._    30(1) of WC Act. against the Judgment
and  dated: 28.9.04" passed in No.WCA/Bi
2/FC/.C'R,/132/v»Q2'g;;on the file of the Labour Officer and

V, L'--vCommissioner. for'Workmen's Compensation, Sub--Division--2.
 Bangalore _. awarding a compensation of ?4,36,940/-- with
.. .jin.terest at 12% pa. from 22.6.02 till deposit and directing the
4. ._appe_11ar1t herein to deposit the same.

/1*"



3

This MFA having been heard and reserved and coming
on for pronouncement of Judgement this day, B.MANOHAR

J ., delivered the following:
J U D G M E N T

The Oriental Insurance Company

aggrieved by the award dated C’

WCA/B2/FC/CR– 132/2002 passed

Workmen’s Compensation, _:S_nb–Division–Il,,v . v’Banga1cre’= -‘

preferred this appeal.

2. The brief facts of the ifollows:

The resp’ondents7-ggi’ legal representatives of
deceased T:Thil_ai{ a claim petition before the

Commissioner for._’;.W’orVk1nen’s Compensation seeking

§cVorn.p’engsaticn on accoiint of death of T .Thilak Kumar during

‘ve”rnp’loyment. The claimants have contended

}°””‘that the.1_Vdecca_s:e:dV.’l’.Thilak Kumar was working as a driver of

Qttalis bearing Registration No.KA–01/MB–6633

to the 41″ respondent. He was getting a salary of

,é~

34,500/~p.m. On 22-52002, while proceeding towards the
Temple in the said Vehicle near Kokkacla, on Bangalore»

Buntwala Highway at about 9.00.a.m., a KSRTC

Registration No.KA–O1/F-710′? came in a rash

manner and dashed against the Toyotog Qualis:

accident, the driver of the said vehicle ‘i'”;T_i’h’ilal.<"'VIV:{-ur'fiar

died on the spot. The claimantshpavell'contend.e'dV.i._tvha_t -the isf'

the sole bread earner of their fam_i1$fA'a_i1d.._gat tiineliof death,

he was aged about 24 years'-andlsotig;ht"fo_r'jcornpensation.

Workmen's:';_Cempefisation;'the 'owner of the vehicle i.e. 4"?
respondent hereinvvlilcdathaobiections contending that he is
the own.e}r o_f~ the oyoto Qualis, the deceased T.Thi1ak

Kurnar'was.,woIkir;vg as a driver of the said vehicle and he was

vpayingglihhirnuvapalaiiz of ?.3,ooo/~ and 3.150/~ per day as

batta. also stated that the accident has taken place

Ithpe "course of employment. Since the Vehicle is

"_'j-vic_o'§9'ere.;cl by the insurance, the Insurer has to compensate the

claimants and sought for dismissal of the claim petition as

against the owner of the vehicle.

4. The Insurer filed objections denying_.~th.rs:_u

made in the claim petition. However}: th:f:~2yh

vehicle Toyoto Qualis bearing.7;§s1egistra,tionV

6633 is covered by the insurance.:”E,t_ is for.”the:vc1ain1ants to
prove that they are the depeiudants’ of “‘tV1T:1:%;:”‘deceased and the
deceased died due torthe tor dismissal of

the claim petitions. <4 * it

5. On of the parties, the
Commissiontery * for Compensation framed

necessary. issues? ..

6.V’gV ‘Th»e_c1ai1nants.__in order to prove their case, the second

herself as P.W.1 and got marked Ex.P.1 to

u$»,__E4X;P.10. ttiiotvgrever, the owner and the Insurer of the vehicle

f ‘have’*not”1ed any evidence.

/$~

6

7. The second claimant in her evidence has deposed that

the deceased was Working as a driver under 4?” respondent
and he was paying salary to the deceased. She also stated

that the deceased was the sole bread earner of the

On 22-52002, While the deceased was proceed_i§rig”~to§.zs}a::ds« _

Temple from Bangalore, near Kokkadah ‘Highway,-:to_ Lhe”=

rash and negligent driving of the KSRTC the

said vehicle met with an accident”–.and–t’he driver§o’f..the3 saidt’

Qualis died on the spot. S__he has___produced .Fi’l?..v._repbrt of the

Motor Vehicle Inspector, also Driving

License of lthe-_decease_cd;i produced the SSLC marks

card of the d’eceased_ his date of birth. She was

cross~exa:mirxed by ‘thev_Insurer. Nothing contrary was elicited

in. _the lcr.oss– exarnination.

V8. of the pleadings of the parties, the

(3;)mmissioner”xfor Workmen’s Compensation taking into

consideration Ex.P.1–FIR and the report of Motor Vehicle

/5/”

Inspector and Spot mahazar, came to the conclusion that the

deceased died due to the accident that occurred.._4l’l*on

22–5-2002. At the time of accident, the

working as a driver and he died ..during uh’

employment. On the basis of the

the Commissioner, the Commissioner held thatglt’he”:c1’ainiantsVt’

are the dependants of the decealsed”p_:arid.._.also’based on the
SSLC marks Card, it was was aged
about 24 years 2 Taking into
consideration the-.g’deceased and applying
the relevantllly ‘Commissioner has awarded
compensativonxorf 12% interest from the date

of claim petition.” hon;-gh”the’ claimants have claimed that the

was” salary of 3.4.500/–p.m., the

“hasi_..~taken the salary of 34,000/~p.m. and

wdtaltingd t’3=O°/oflof salary and also applying the relevant factor

~ awarded compensation.

/5~

9. T he appellant being aggrieved by the award passed by
the Commissioner for Workmen’s Compensation, filedfithips

appeal.

10. Sri.M.U.Poonacha, learned

appellant contended that the pas:-geld.’ ‘oy ‘£.lV’1EV.”‘.’

Commissioner is contrary to arici-. The
Compensation awarded by’ eiccessive and
the rate of interest awarded.«vi:§’a}so law laid by
the I-lon’ble was not a
workman On the other hand,
on the datieiof. deceased was on pilgrimage

along with hisfif_ialmpil3xr’ Hence, the deceased Cannot

claim as’i3, workxnariviinder the 4″” respondent and there is no

relatior1’s.hip_’of ‘r.nas_ter and servant between them. Hence, he

:*”‘;___sougljt’agforv A aside the award passed by the

_4l_i;_Cornmissioner and dismissal of the claim petition.

Ax

9
II. On the other hand, D.Ramesh, learned counsel

appearing for Respondents I to 3 contended that the
deceased was working as a driver of the said Toyoto Qualis

which belongs to 41″ respondent. While he was proceeding

towards the Temple near Kokkada, on

road, the said Qualis met with an accident *dlece_-asedull

died in the said accident. It is his cofirsfiiioh

deceased was travelling with hi-svgllfaznily .mernber;:,””i’1e”‘ was”

working as a driver of the .–said Qu.alis,t’whicli belongs

to 431 respondent. Hence, the’dee.eaSed–tiwas”‘a workman and

there is thehlaward passed by the

Commissionerand fofdjismissal of the appeal

12. We have “car<¥;f_ull.y»– 'gone through the arguments

addressed! the 'counsel for the parties and the oral

and docunientary"eVidence of the parties.

13. H ‘ttlhrsl’notlin..di:spute that T.Thilak Kumar was working as

a ‘driver oft,’ Toyoto Qualis bearing Registration No.

/SM

KA–01/MB-6633 belonging to the 4″] respondent. He died in

the accident that occurred on 22-5-2002 at Kokkadav

the accident. The Police have also registered a 4′ .

the driver of the KSRTC bus in Crime-N.o.’105’/200;3llfor’_-the ”

offences punishable under Sections 115.1.

14. The main argument of the lalpnellantllis. on the
date of the accident, the with his
family members to the claim himself
as a workman. _ entitled for the

Corflpfiinsatiofl: V.

15. On other have contended that

the deceased was _an.emi:’;l0Vy’ee under the 4th respondent and

“Varas”lv*2.&:or;kingg..as driver of the said Toyoto Qualis and the

ovxmer a salary of €3,000/-p.m. and 150/-

It is also contended that on 22-5-2002

he proceeding towards the temple along with his

*»–rnernbers, the said vehicle met with an accident.

AM

16. The contention of the appellant is that ._ the

Compensation awarded by the Commissioner is excess’ive~«.an.d

the interest awarded at the rate of 12% is contrary ~

judgment of the Hon’ble Supreme Ce-‘urt._._ It’_:t0._ the

mention here that the Commissioner letakingg ”

consideration the salary drawn bgfithe deceased, age” of C the ‘ C

deceased and applying .r.elevpa’rit*A _:”faC-tor has awarded
compensation, which in Workmen’s
Compensation Act’. ‘.jQf_1″t’l;1’eVeV’appellant with
regard to rate Corrirnissioner has
some substaneef Court in a judgment
reported .3″/.’17 in the case of THE
ORIENTA}; Lrn, V/s MOHD. NASIR
elearlyeyheld tht the claimants are entitled

for’: “tVl’ie’.1~rate__ 7.5% p.a. from the date of claim

V’;.eVVpetitiorrvtill ___tl’1ee date of passing the award and thereafter at

pea. till the date of deposit. In View of the above, We

V ‘V ‘ — the following:

J”

ORDER

The appeal filed by the appellant is allowed in

compensation awarded by the C0mmissioner_.is_”e,onfirrt1ed.–K

However, the claimants are entitled to,’intefejst:pat’_th’e”1ja,te’Vof

7.50/op.a. from the date of elai.rn-.__.petiti.ot1’* till dateddlofl

passing the award and thereafter p.a;– date of
deposit. Z V

The amount in”de’posiAt H0n’ble Court
be transferredi’ _ for WorkInen’s

Sdli
Iudge

Sdi-_3___
judge

_