AI Structured Summary
Not yet generated for this judgment
Judgment
N.K. Patil, J.—This appeal by the Appellant is directed against the impugned judgment and order dated 14/05/2007 passed in WCA/FC/CR-38/2007 on the file of the Labour Officer and Commissioner for Workmen''s Compensation, Mysore District, Mysore, (hereinafter referred to as ''the Commissioner'' for short).
The Commissioner, by the impugned judgment and order, has awarded a sum of Rs. 3,56,980/- with interest at 12% p.a., on account of the death of the deceased Sri. T.E. Indraju due to the injuries sustained by him in the course of employment. Being aggrieved by the said judgment and order, the Appellant has presented this appeal to consider the following questions of law:
(i) Whether the falling down of the employee Sri. Indraju at the factory gate which is 2 Kms., away from his place of work on 13.6.2001 was during and in the course of employment?
(ii) Whether the death of the employee, Sri. Indraju on 28.1.2002 was consequent to the incident of falling down on 13.6.2001 at the Factory gate which is not proved by any medical evidence?
(iii) Whether Workmens'' Compensation Commissioner, Mysore, was right in condoning the claim application filed beyond two years?
In brief, the facts of the case are:
The claimants are the wife and minor children of the deceased Sri. T.E. Indraju, who died on 28.1.2002, on account of the injuries sustained by him in the course of his employment on 13.6.2001. On account of the death of the deceased, the claimants have filed a claim petition before the Commissioner, claiming compensation against the Appellant, contending that, deceased was the bread earner of" the family, due to his untimely death, they have undergone both financial and economical distress, their future life has become jeopardized as the claimant No. 1 has lost her life partner and claimant Nos. 2 and 3 have last the love and affection and guidance of their father at their young age. The said claim petition had come up for consideration before the Commissioner. The Commissioner, in turn, after hearing both sides and after assessing the oral and documentary evidence, has allowed the petition in part and awarded a sum Rs. 3,56,980/- as compensation with interest.
We have heard learned Counsel appearing for the Appellant
Learned Counsel for the Appellant submitted that, deceased has entered the factory premises after punching at entrance and suddenly he collapsed, immediately, he was shifted to Hospital, wherein he has undergone surgery and taken bed rest for two months and thereafter, he died and that would not be a ground to come to the conclusion that, he died in the course of employment. Further he submitted that the claimants have not examined any Doctor to show that, deceased died on account of the injuries sustained by the him in the course of his employment, and therefore, he submitted that, liability fastened on it is not sustainable and is liable to be modified.
After Careful evaluation of the original records available on file, including the impugned judgment and order passed by the Commissioner, we do not find any error of law, much less material irregularity, as such, committed by the Commissioner in awarding the compensation on account of the untimely death of the deceased. It has come in the evidence of claimant No. 1 that, her husband died due to the injuries sustained by him during the course of his employment, inspite of giving best treatment. This fact has been admitted by the Senior Manager of the Appellant in his cross examination. Further he admitted that, deceased entered the factory premises, he fell down, sustained injuries to his spinal card and he was employed in the Appellant''s Factory. The Commissioner, after appreciating the oral and documentary evidence has recorded the finding of fact that, the deceased sustained injuries during the course of his employment and succumbed to the same. The said finding of fact recorded by the Commissioner is jut and proper. The Appellant except making an oral statement, has not produced any documents like P.M. Report or examined the Doctor to establish that deceased was not died due to the injuries sustained by him during the course of employment. The Commissioner, taking into consideration the age, occupation and the dependants, assessing the income of the deceased has awarded Rs. 3,56,980/-. The same is just and reasonable and therefore, interference by this Court is not called for. Nor we find any good grounds as such made out by the Appellant to interfere with the well considered judgment and order passed by the Commissioner. Therefore, we decline to entertain the relief sought by the Appellant in this appeal.
For the foregoing reasons, the appeal tiled by the Appellant is liable to be dismissed as devoid of merits. Ordered accordingly.
The amount deposited by the Appellant shall be transmitted to the jurisdictional Commissioner, immediately.
Draw the award, accordingly.