JUDGMENT :

C.M.Joshi, J.

Being aggrieved by the judgment and award dated 28/12/2018, passed in ECA No.118/2016 by the learned XVI Additional Judge, Court of Small Causes and Member, MACT, Bengaluru (SCCH-14), dismissing the claim petition for compensation, the petitioners have approached this Court in appeal.

2. The petitioners are the wife and children of the deceased Venkataraju, who was appointed as Office Attendant on 01.05.2012 by the respondent on contract of service for the work of housekeeping in the premises and also performing the opening and closing of the office and making other arrangements of meetings etc. It was further submitted that, the deceased Venkataraju was earning a sum of Rs.9,011/- per month. It was further contended that, on 23.02.2015 at about 6:00 a.m, the deceased Venkataraju left the house to attend the work, and thereafter, petitioner No.1 received the call from the respondent stating that her husband has died in the premises. Immediately she rushed to the place of work of her husband and came to know that her husband was murdered by the co-workers. In the scuffle he had sustained injuries and died due to 'accidental murder' committed by the other co-workers within the premises of employer, in the course of employment at about 9:30 a.m. It was further contended that, petitioner No.1 has given complaint on the same day to the jurisdictional police and thereafter, she came to know that the assailants of her husband were Susheelamma, Manjulamma and Jayalakshmi and two security persons who were working at the time of the incident. The jurisdictional police have registered the complaint for the offences punishable under Section 302 R/w Section34 of IPC making the Executive Director of employer company as accused No.1 and Susheelamma as accused No.2. The police after the investigation, in collusion with the officials of the respondent-employer and the co-workers have filed B-report which was challenged by the petitioners by filing objection.

3. It was contended that the incident took place during the course of employment of the deceased at his working place and as such the employer is liable to pay compensation to the petitioners. It was further contended that, deceased was aged 47 years, earning more than Rs.12,000/- per month and they were depending upon the earnings of the deceased. Hence, they sought for compensation of Rs.30,00,000/- with costs and interest.

4. After service of notice, the respondent has appeared through its counsel and filed objection statement denying the age, income of the deceased and also the relationship between the deceased and petitioners. It was contended that on 23-2-2015 respondent met petitioner No.1 at her residence; informed about the sickness of Venkataraju; he was sent to Shreya Hospital for treatment and then he was referred to BGS hospital; on the way to the hospital he died and he was declared brought dead at BGS hospital. As per B report submitted by the police, the cause of death of deceased was 'respiratory failure due to consumption of some substance' and therefore, in case of suicide committed by a workman, the employer is not liable to pay compensation. He also contended that he has paid expenses of Rs.25,000/- on 28-4-2015 vide Ch.No.000532 dated 27-4- 2015 of HDFC Bank for cremation charges; paid provident fund directly to the applicants by PF Department, paid Rs.59,995/- on 27-5-2015 by Ch.No.658624 dated 24-4-2015 drawn on SBI towards gratuity, Rs.1,800/- in cash on 4-3