Deceased while plucking coconut from the tree, accidentally fell down from tree - Tribunal rightly fastened liability on the Insurance Company in its entirety

Citation

AIROnline 2023 KAR 677

Karnataka High Court

H. P. SANDESH , J.

M.F.A. - 2333 of 2017 D/- 10 - 3 - 2023

Branch Manager, M/s Oriental Insurance Company Limited v. Jayamma and Ors.

Employees Compensation Act (8 of 1923), S.4 - Compensation - Liability of Insurance Company - Extent of - Deceased was working as coolie in estate - Deceased while plucking coconut from the tree, accidentally fell down from tree, due to which he sustained grievous injuries and died - Claimants failed to produce any document to show that deceased was getting Rs.500/- per day - Neither Insurance Company nor employer have produced any documents with regard to

the wages of deceased workman - Insurance Company ought to have produced the proposal form showing wages declared by employer - Tribunal rightly fastened liability on the Insurance

Company in its entirety - Tribunal while taking the income of Rs.250/- per day rightly applied relevant factor and calculated compensation by taking 50%, since it is a case of death. (Paras 13 , 14)