: 1 :

IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

Dated this the 28^th day of September 2016

Before

THE HON’BLE MR.JUSTICE B.MANOHAR

Miscellaneous First Appeal No.3970/2008 (WC)

Between:

Sri. Bevinal Nagappa,

S/o Siddappa,

Age: 48 years, Occ: Agril.,

R/o Ramasagar, Tq: Hospet,

Dist: Bellary.

…Appellant

(By Sri Hanumanthareddy Sahukar, Advocate)

A n d

1. Sri Ananthkumar,

S/o Hane Somappa,

Since deceased by L.Rs.

1A. Sri Somappa, age: 55 years,

Occ: Agriculture, R/o. Ramasagar,

Tq: Hospet, Dist: Bellary.

1B. Smt. Huligemma,

w/o Somappa, age: 50 years,

Occ: Housewife, R/o. Ramasagar,

Tq: Hospet, Dist: Bellary.

1C. Smt. Thyamma,

W/o late Ananthkumar,

: 2 :

age: 20 years, Occ: Housewife,

R/o. Ramasagar,

Tq: Hospet, Dist: Bellary.

2. Sri. Khaja, S/o Abdul Sab,

Age: 35 years, Occ: Agril.,

R/o Ramasagar, Tq: Hospet,

Dist: Bellary.

…Respondents

(By Smt. Malathi Reddy, Advocate for Sri.Y.Lakshmikanth

Reddy, Advocate) (R2-served)

This

MFA

is

filed

under

Section

30(1)

of

Workmen’s Compensation Act against the judgment

dated 21.02.2007 passed in WCA No.443/2005 NF on

the file of the Labour Officer and Commissioner for

Workmen

Compensation,

Sub

Division-1,

Bellary,

awarding a compensation of Rs.2,18,576/- with interest

@ 12% per annum.

This MFA coming on for Hearing this day, the

court, delivered the following:

JUDGMENT

The appellant being aggrieved by the judgment

and order dated 21.02.2007 made in WCA 443/2005

passed by the Labour Officer and Commissioner for

Workmen’s

Compensation,

Bellary

Sub-Division

I,

Bellary (hereinafter referred to as ‘the WCC’, for short)

: 3 :

insofar as fastening the liability on him to pay the

compensation, has filed this appeal.

2. The 1^st respondent-Sri Ananth Kumar (since

dead, now represented by his L.Rs.) had filed a claim

petition contending that on 22.10.2005, as per the

instructions of the appellant herein, while he climbed

coconut tree and plucking the tender coconuts, he fell

down and sustained grievous injuries to his head,

hands, chest, legs and waist. Immediately, he was

shifted to Ramsagar hospital and after the first-aid

treatment therein, he was shifted to VIMS Hospital,

Ballari, where he took further treatment. He contended

that he spent more than Rs.1,50,000/- towards

treatment. The police had registered a case in Crime

No.45/2005. He further contended that as on the date

of the accident he was aged 20 years and was getting

income of Rs.250/- per day; that because of the injuries

sustained and the permanent disability suffered by him

: 4 :

he could not do any work which he was doing prior to

the accident. He further contended that the accident

having

occurred during the course and out

of

employment and the 1^st respondent (before the WCC)

under whom he was working was responsible to

compensate

him

and

therefore,

he

sought

for

compensation of Rs.5,00,000/-.

3. Though the notice issued by the WCC was

served on respondent Nos.1 and 2 (before WCC), they

remained unrepresented. Hence, paper publication was

taken out on respondent Nos.1 and 2 in “E namma

Kannada Nadu” Daily newspaper, to appear before the

Court on 17.05.2006. In spite of that, respondents

Nos.1 and 2 did not appear. Therefore, they were placed

ex parte.

4. On the basis of the pleadings in the claim

petition, the WCC framed necessary issues. The

claimant, in order to prove his case, examined himself

: 5 :

as P.W.1 and examined four witnesses as P.Ws.5 to 7

and 10 and the doctor, who treated the claimant, was

examined as P.W.9. The claimant got marked the

documents as Exs.P.1 to 3 and P.11 to P.14. As the

respondent were placed ex parte, no evidence was lead

on their behalf.

5. The WCC after appreciating the oral and

documentary evidence let in by the claimant as well as

the witnesses and taking into consideration the

panchnama, charge sheet and copy of the complaint as

also the discharge certificate issued by V