The High Court dismissed an appeal challenging the Workmen's Compensation Commissioner's award which rejected a claim for death benefits, holding claimants failed to prove the death was homicidal or had causal connection with employment.
The appeal was dismissed and the Commissioner's award was upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 23RD DAY OF JANUARY, 2020
BEFORE
THE HON’BLE MRS. JUSTICE K.S.MUDAGAL
M.F.A. NO.20221 OF 2008 (WC)
BETWEEN
(BY SRI.MADANMOHAN M. KHANNUR, ADV.)
AND
BELGAUM (OWNER OF TRUCK BEARING NO.KA-23/5549)
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RAMDEV GALLI BELGAUM (INS. POLICY NO.270000/31/05/6300006926)
... RESPONDENTS
(BY SRI.S.S.JOSHI, ADV. FOR R2 & R1-SERVED)
THIS MFA IS FILED UNDER SEC.30(1) OF WC ACT, 1923 AGAINST THE JUDGMENT AND ORDER DTD:17-05-2008 PASSED IN KAPAK/SR-57/2007 ON THE FILE OF THE LABOUR OFFICER AND WORKMENS COMPENSATION, SUB-DIVISION-II, BELGAUM, DISMISSING THE PETITION FILED UNDER LABOUR COMPENSATION ACT, 1923.
THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal of the claimants arises out of the award dated 17.05.2008 in KAPAK/SR-57/2007 passed by Workmen’s Compensation Commissioner, (for short ”Commissioner”) Sub-Division-II, Belgaum. By the impugned award, the Commissioner has dismissed the claim petition of the appellants herein.
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first respondent as driver in lorry No.KA-23/5549.
Respondent No.1 was the registered owner and respondent No.2 was the insurer of the said truck. On 20.02.2006 at about 4 p.m. the deceased Meheboobsab Ghori was found hanging to a tree in the land of one Ravi Bharamanna Hittalmani within the limits of Majagaon village. The unnatural death report was registered in UDR No.02/2006 of Udyambag Police Station, Belagavi as per Ex.P-1. After investigation, the said Police submitted final report as per Ex.P-6 reporting that Mehaboobsab Ghori has committed suicide by hanging himself.
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earning Rs.4,000/- per month, they were his dependants and claimed compensation of Rs.5,00,000/-
objections admitting the jural relationship between him and the deceased and the unnatural death. He further claimed that on the date of accident, the victim was carrying Rs.10,000/- and that was not found on dead body, but he does not know the actual cause of death of the victim. He also claimed that vehicle was insured with the second respondent and damages if any, shall be indemnified by the second respondent .
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petition holding that claimants failed to prove that Mehaboobsab Ghori was robbed and murdered as alleged by them. The Commissioner further held that the claimants have failed to prove the nexus between the death and employment.
following substantial questions of law:
for the appellants submits that respondent No.1 did not dispute the cause of death and Police records are not conclusive proof of cause of death. He further submits that the Commissioner had no reason to disbelieve the claim of the claimants regarding cause of death. In
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support of his contention, he relies upon the judgment of High Court of Jammu and Kashmir in Faquir Singh V/s Union of India and others1 .
1 AIR 2002 Jammu and Kashmir 62
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ligature injury on the neck there were no other external or internal injuries on the dead body. To show that the injury found in Ex.P.4-post mortem report were ante-mortem, the claimant did not examine the Doctor who conducted autopsy.
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that autopsy revealing no external injuries except ligature mark seen itself was not conclusive proof of suicidal death, it was also held that such conclusion can be drawn taking into note of various factors of the case.
Sd/JUDGE
HMB/Vb
2 issues framed by the court
Whether the Commissioner was justified in dismissing the claim petition without considering the death occurred during the course of employment?
Whether the Commissioner was justified in not considering the evidence and documents on record?
Colour shows how this judgement treated each authority
Faquir Singh v. Union of India and othersReferred¶58
Faquir Singh V/s Union of India and others
Farida w/o Maheboob Ghori
Shafi s/o Maheboob Ghori
Saniya d/o Maheboob Ghori
Imam Sab s/o Asad Sab Ghori
Asadbi w/o Imamsab Ghori
Ashfaq Ahmed
K.S. Mudagal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
