This appeal is filed under Section 30 of the

Workmen9s Compensation Act, 1923 (for short, 8WC

Act9) challenging the award passed in ECA No.18/2014

on the file of the Senior Civil Judge, MACT, Harihara,

dated 01.09.2017 whereby the learned Senior Civil

Judge has rejected the claim petition .

For the sake of convenience, the parties

herein are referred with the ranks occupied before the

Tribunal.

3

The brief factual matrix leading to the case is

that, the claimants are the legal heirs of the deceased

Nagarajappa. He was working as incharge Section

Officer at Savlanga Branch in the Department of

Respondent Nos. 1 to 3. On 24.05.2004 at about 9.45

p.m., he was returning to the Village on his motor cycle

after repairing 11 KV Jump near Tank bund at Kodatalu

Village. At that time, the rider of motor cycle bearing

Registration No. KA.17.K.5530 came from opposite

direction in high speed and hit the vehicle on which the

deceased was proceeding. As a result, the deceased

suffered fatal injuries and he was immediately shifted to

Nanjappa Hospital at Shivamogga and later on, he was

shifted to Abhaya Hospital at Bengaluru, wherein he

succumbed due to injuries suffered by him in the

accident. It is further asserted that the deceased was

working under Respondents No.1 to 3 at Savalanga

Branch as Incharge Section Officer and on 24.05.2014,

he died in the Road Traffic Accident during the course of

employment. It is claimed that, the deceased was

earning Rs.7,572/- per month as salary. Hence, the

4

claimants

have

filed

claim

petition

seeking

compensation to the tune of Rs.10.00 Lakhs from the

respondents with interest.

4.

The respondents have disputed the claim

and denied that the deceased died during the course of

employment contending that the deceased daily used to

visit his in-law9s house situated at Kodatalu Village for

dinner and as usual, on the date of accident also, while

he was proceeding to Kodatalu village to his in Law9s

house on his motor cycle, he met with an accident and

disputed the claim. The Tribunal after assessing the

oral and documentary evidence, dismissed the claim

petition filed under Section 22 of the WC Act. Being

aggrieved by this award, the claimants are before this

Court.

5.

Heard

the

learned

counsel

for

the

appellants/claimants

and

the

learned

counsel

for

respondents. Perused the records.

6.

Learned counsel for the appellants/claimants

would

contend

that

the

deceased

died

during

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employment,

as

he

was

admittedly

under

the

employment of respondents and that too when he was

returning after attending the work. Hence, he would

contend that the petitioners/claimants are entitled for

compensation.

7.

Per contra, learned counsel for respondents

would contend that the petitioners/claimants have

already filed claim petition under Section 166 of the MV

Act in AMACT at Shimoga and compensation was

awarded and it was realized. Hence, he would contend

that, after realizing the said compensation, this claim

petition is filed by making a false claim after inordinate

delay and no explanation was given for filing the appeal

after a long delay. Though the Tribunal has held that

the death of the deceased was because of accidental

injuries, however, the Tribunal has held that the death

was not during employment and denied compensation.

8.

It

is

an

undisputed

fact

that,

the

appellant/claimant

No.1

was

given

compassionate

appointment in the office of Executive Engineer (Elec),

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C.O. & M division, BESCOM, Harihara, on account of

death of Nagarajappa. This is also evident from the

records at Exs.R16 and R17. Admittedly, the claimants

have initially filed claim petition under Section 166 of

the MV Act in MVC No.115/2005, which is evident from

Ex.R-19. The said claim petition came to be allowed

vide

judgment

and

award

dated

19.12.2008

by

awarding total compensation of Rs.4,30,000/- with

interest at 6% per annum. It is also an admitted that

the

said

compensation

was

realized

by

the

claimants/appellants herein. In the