MFA Appeal filed by an estate owner against an industrial court award granting compensation for a labourer's death. The High Court dismissed the appeal, holding the accident occurred during employment and an employer-employee relationship existed based on evidence.
The industrial court award upheld; the main appeal dismissed; I.A.1/2022 disposed of.
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 AT BENGALURU
DATED THIS THE 15TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.4500 OF 2019(ECA)
BETWEEN:
THE PROPRIETOR / OWNER, OLAGUNDI ESTATE, PANDARAVALLI VILLAGE, JAGARAHOBLI, CHIKKAMAGALURU TALUK.
…APPELLANT
(BY SMT. NEERAJA KARANTH, ADVOCATE)
AND:
Digitally signed by JAI JYOTHI J Location: HIGH COURT OF KARNATAKA
SINCE THE APPELLANT NO.2 AND 3 ARE MINORS, REP. BY THEIR NATURAL GUARDIAN THE APPELLANT NO.1.
ALL ARE R/AT OLANGUNDI ESTATE, COOLIE LINE, PANDARAVALLI VILLAGE, JAGARA HOBLI, CHIKKAMAGALURU TALUK.
APPELLANT NO.4 AND 5 ARE COOLIE, R/AT HARALAGADDI VILLAGE, HANDI POST, CHIKKAMAGALURU TALUK.
…RESPONDENTS
(BY SRI. GIRISH B BALADARE, ADVOCATE FOR R1 TO R5; R2 AND R3 ARE MINORS, REP. BY R1)
THIS MFA IS FILED U/S 30(1) OF THE EMPLOYEES COMPENSATION ACT, AGAINST THE JUDGMENT AND AWARD DATED 07/03/2019, PASSED IN ECA NO.21/2016, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & CHIEF JUDICIAL MAGISTRATE, CHIKKAMAGALURU, AWARDING COMPENSATION OF RS.7,42,000/- WITH INTEREST AT THE RATE OF 12% P.A., AFTER THE EXPIRY OF 30 DAYS FROM THE DATE OF THE ACCIDENT, TILL THE DATE OF PAYMENT.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the owner of the estate aggrieved by the award passed in ECA No.21/2016, dated 07.03.2019. The claim petition is filed under Section 22 of the Employee’s Compensation Act read with Rule 20 of the Workmen Compensation Rules relating to the death of the deceased.
NC: 2023:KHC:45804 MFA No. 4500 of 2019
working at Melugundi estate from one year prior to his death. He does not know about the relationship between deceased and the claimants. They have denied that the accident had taken place during the course of employment. It is contended that in almost all the coffee estates, the working hours are between 8.00 a.m. to 4.00 p.m. with one hour lunch break. There are no coffee trees in his estate. Only the coffee plants are grown to a maximum height of 5-6 feet. Thus, it is stated that the deceased had consumed alcohol on the fateful day while he was proceeding on the road, he fell down and sustained injuries and died. The injuries have not been sustained during the time of his work. Hence, they are not liable to pay compensation. The Court below has held that in the chief-examination, the Managing Partner of Melugundi estate by name M.J.Mathais has stated that after completion of work Manjunatha consumed alcohol and while proceedings in the Government road, he fell down and sustained injuries. The Court has observed that there is no mention about the Government road and in the affidavit, there are some improvements. In cross-examination he has admitted that deceased died while removing the coffee plants and further admits that they have not given any
NC: 2023:KHC:45804 MFA No. 4500 of 2019
compensation to the claimants. RWs-2 and 3 have admitted that both Melugundi estate and Olagundi estate were under the same administration. Accordingly, the Court below has held that there is an employer and employee relationship between the owner and the deceased and granted compensation of Rs.7,42,000/- at 12% per annum interest. Aggrieved thereby, the owner is before this Court.
NC: 2023:KHC:45804 MFA No. 4500 of 2019
the course of employment and Court below had rightly came to the conclusion. Coming to the relationship of employer and
employee, the evidence of RWs-2 and 3 reveals that both Melgundi estate and Olagundi estate are under the same administration so on that count also, this Court cannot appreciate the contention and as per the admission of the owner, there is employer and employee relationship between the deceased and the appellant. In view of the same, this Court finds no reasons to interfere. Accordingly, the appeal is
dismissed .
In view of the dismissal of the main appeal, I.A.1/2022 does not survive for consideration and is accordingly, disposed of.
SD/JUDGE
MH/List No.: 1 Sl No.: 83 CT:SNN
2 issues framed by the court
Whether the accident occurred during the course of employment despite the claim that it happened after official hours.
Whether an employer-employee relationship existed between the appellant and the deceased labourer.
1 provisions across 1 enactments
THE PROPRIETOR / OWNER, OLAGUNDI ESTATE
SMT. ANITHA
MASTER AJITH KUMAR
KUM. HARSHITHA
SMT. GURUVAMMA
SRI. SOMAIAH
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
