IN THE HIGH COURT OF KARNATAKA,

DHARWAD BENCH

DATED THIS THE 18^TH DAY OF AUGUST 2021

BEFORE

THE HON’BLE MR. JUSTICE V. SRISHANANDA

M.F.A. NO.24457/2012 (WC)

BETWEEN

THE DIVISIONAL MANGER,

NEW INDIA ASSURANCE CO. LTD. CLUB ROAD,

BELAGAVI, REPRESENTED BY ITS REGIONAL OFFICE,

SRINATH COMPLEX, 2ND FLOOR,

NEW COTTON MARKET, HUBLI,

REP. BY ITS ASSISTANT MANAGER.

...APPELLANT

(By Sri. NAGANGOUDA R. KUPPELUR, ADV. )

AND

1 .

FATIMA

W/O GOPALKRISHNA @ MEHABOOB SAGAR

AGE: 44 YEARS, OCC: HOUSEHOLD WORK,

2 .

KUMAR. SADIQ

S/O GOPALKRISHNA @ MEHABOOB SAGAR

AGE ABOUT 23 YEARS, OCC: NIL,

3 .

SHABBIR

S/O GOPALKRISHNA @ MEHABOOB SAGAR

AGE: 13 YEARS, OCC: NIL, REP/BY R1 BEING MINOR.

ALL ARE R/O ASHOK NAGAR, BELAGAVI.

4 .

SRI. IRANNA

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S/O BASAVANNEPPA MELAMATTI,

AGE: MAJOR, OCC: BUSINESS,

R/O NO.674A, SECTOR NO.5,

SRINAGAR,M. M. EXTENSION, BELAGAVI.

…RESPONDENTS

(By Sri. AVINASH MALIPATIL ADV, FOR SHRIHARSH

A. NEELOPANT, ADV. FOR R1 AND R2.

R3 IS MINOR R/BY R1.

R4 STANDS ABATED. (V/O DTD.13.08.2021 )

THIS MFA FILED U/S.30(1) OF THE W.C.ACT, AGAINST

THE JUDGEMENT AND AWARD DATED:09.07.2010, PASSED IN

WCA:SR NO:86/2010 ON THE FILE OF THE LABOUR OFFICER

AND COMMISSIONER FOR WORKMEN COMPENSATION, SUB-

DIVISION-2, BELGAUM, AWARDING THE COMPENSATION OF

RS.3,06,180/- WITH INTEREST AT THE RATE OF 12% P.A.

FROM THE DATE OF PETITION AND SHALL BE DEPOSITED

WITHIN ONE MONTH FROM THE DATE OF THE ORDER.

THIS APPEAL COMING ON FOR ADMISSION THIS DAY,

COURT DELIVERED THE FOLLOWING:

JUDGMENT

Though this matter is listed for admission, with the

consent of both the parties, matter is taken up for final

disposal.

2.

Insurance Company is in appeal challenging the

validity of the judgment and award dated 09.07.2012 passed

in W.C.No.86/2010 by the Labour Officer & Commissioner for

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Workmen’s

Compensation,

Sub-Division-2,

Belagavi,

(hereinafter referred to as ‘the Commissioner’, for short).

3.

The brief facts, which are necessary for disposal of

the appeal are as under:

A claim petition came to be filed under the provisions of

Workmen’s Compensation Act by the claimants contending

that on 04.04.2010, one Gopalakrishna @ Mehaboob Sagar

was the driver of the truck bearing No.KA-24/A-2789 as

driver. During the employment as driver of the said truck, he

died due to heart attack on account of stress while driving the

said truck. A case came to be registered in UDR No.15/2010.

The first respondent owner of the truck admitted that the

deceased was employed under him and the death is

established by placing necessary documentary evidence on

record. Based on the same, the claimants lodged a claim for

having lost their breadwinner sought for awarding suitable

compensation.

4.

The claim petition was resisted by filing written

statement by the Insurance Company and owner. The owner

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of the truck admitted that the deceased was his driver at the

relevant point of time.

5.

The Commissioner raised necessary issues and on

cumulative consideration of the oral and documentary

evidence on record, allowed the claim petition in a sum of

Rs.3,06,180/- with interest at 12% p.a.

6.

Being aggrieved by the same, insurance company

is in appeal.

7.

Sri N.R. Kuppellur, learned counsel appearing for

the appellant vehemently contended that the claim of the

claimants cannot be considered as admittedly, the death has

taken place on account of heart attack when the vehicle was

parked and driver was sleeping in the lorry as per the UDR

report filed by the police. The claimants are not the legal

heirs of the deceased Gopalakrishna @ Mahaboob Sagar. He

also contended that there is no employer and employee

relationship. The accident is not proved by the claimants

stating that during the course of employment, the deceased

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died and therefore, the Commissioner had no jurisdiction to

try the claim pe