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c) As a matter of fact, the death of the deceased driver occurred on account of use of the offending vehicle-Lorry and also during the course of employment as he was engaged by the employer, i.e., the second Respondent.

d) The deceased was earning a monthly wages/salary of Rupees 8,000/- per month excluding the daily bata at the rate of Rupees 200/-.

e) The 4th Respondent being the Electricity Supply Company engaging in the service of supplying electricity to the general public ought to have taken utmost care and maintenance to see that, electric lines, which passes over negligence on above the public road should not touch any vehicle with load or without load while passing on the way, but, unfortunately the 4th Respondent-Electricity Supply Company having allowed the electric line, which were drawn and hanging very low level to the ground took the life of the deceased at his young age of 27 years. Accordingly, the jurisdictional Aldur Police have registered a complaint under Cr.No.171/2011 for the offences punishable under Section 304(A) of IPC and have submitted charge sheet after the investigation.

c) The Lorry bearing Registration No.CNO-8343 and JCB owned by him, were taken on hire by one Jayaramegowda of Boopasamudra and as he was taken contract to dig pit in Aldur Forest Division/Region to avoid elephants meance are all true and correct.

d) The deceased driver of the said Lorry bearing Registration No.CNO-8343 was never appointed by him as a driver at any point of time.

e) This Hon'ble Authority has no jurisdiction to entertain the matter/claim petition to grant any order/orders as the accident occurred at Chikkamangalore District and further, the Petitioners are residents of Sanabadha Koppalu, Narayanapura Post, Pandavapura Taluk, Mandya District and they are not having the residents in Bangalore City at any point of time. The Petitioners created the residential address to file this false claim petition, on this score alone, the claim petition will be dismissed with cots.

15. The P.W.1 has further stated in her cross-examination that, she came to know that, her husband fell down from the Lorry and Lorry ran over his body and due to which, he died. She has further clearly admitted that, the wheel of the Lorry ran over the head of her deceased husband.

16. The Petitioners have also examined the eye witness, who was also present at the time of alleged accident, who also lodged the complaint in respect of the accident in question, caused to the said deceased, as, P.W.2, who has stated in his examination-in-chief that, he is working as a 'writer' with one Jayaramegowda of Bhusamudra Village since long time. He has further stated that, on 24.11.2011, at about 6-00 p.m., he along with the deceased, by name, S.R. Raju @ Rajugowda, a driver of Lorry bearing Registration No.CNO-8343 and others had been carrying a JCB Machine loaded in the said Lorry and driven by the deceased S.R. Raju @ Rajugowda and the said Lorry and JCB Earth Mover owned by the Respondent No.2, namely, Sri. E.B. Dhanpal S/o. Boraiah of Ijjalaghatta Village, Honakere Hobli, Nagamangala Taluk, with whom the deceased S.R. Raju @ Rajugowda working as a driver, were taken on hire by her owner Jayaramegowda, as, he was taken contract to dig fits at Aldur Forest Division/Region to avoid elephants menace and while on the way of Kundra to Talvar, the deceased driver S.R. Raju @ Rajugowda had noticed the hanging electric line, which passes above the road at back side road of the Talvara School and expecting the possibility of touching the electric line to JCB Machine loaded in the Lorry, the deceased S.R. Raju @ Rajugowda has stopped the Lorry and asked him to get down from the Lorry and went up the Lorry Cabin alone so as to lift the electric wire/line with the help of wooden reaper and while lifting the electric wire, the deceased has received electric shock owing to electric short circuit and fell down in front of the Lorry and due to which, the left tyre of the Lorry ran over his head and he died at the spot. He has further stated that, he has informed the jurisdictional Aldur Police by giving a complaint and the said Police have registered a case and the deceased S.R. Raju @ Rajugowda was working as a driver with the Respondent No.2 E.B. Dhanpal.

27. ISSUE No.3 :- The P.W.1 has stated that, her deceased husband died at his young age of 27 years. The Petitioners have produced Ex.P.11 Election Identity Card relating to the deceased, which disclosed that, the deceased was 24 years as on 11.01.2005. The date of accident is on 24.11.2011. From the said dates, it appears that, at the time of accident, the deceased was 30 years old. Hence, the age of the deceased is considered as 30 years at the time of accident.

28. The P.W.1 has stated that, her deceased husband was a driver by profession working under the Respondent No.2 and he was earning a monthly wages/salary of Rupees 8,000/- per month excluding the daily bata at the rate of Rupees 200/-. While answering Issue No.2, this Tribunal has already observed and come to the conclusion that, during the course of employment under the Respondent No.2, as a driver, the deceased succumbed on the accidental spot due to the accidental injuries itself and the relationship in between the said deceased and the Respondent No.2 was that off employee and employer. No authenticated documents are produced by the Petitioners to show that, at the time of accident, the deceased was earning monthly wages/salary of Rupees 8,000/- p.m., excluding daily bata of Rupees 200/-. By issuing Ex.P.14 Reply to the Notice under Section 133 of M.V. Act, the Respondent No.2 has clearly admitted that, at the time of accident, the deceased was a driver in the offending Lorry bearing Registration No.CNO-8343. At the time of accident, the deceased was 30 years old, who was having the Petitioners as his legal representatives and dependents. Further, as per the Gazette Notification dated 31.05.2010, the monthly wages of the workers is specified as of Rupees 8000/- with effect from the date of publication of the said Notification in the Gazette, i.e., on 31.05.2010, which reads thus, "MINISTRY OF LABOUR AND EMPLOYMENT NOTIFICATION New Delhi, the 31st May, 2010 S.O. 1258(E) - In exercise of the powers conferred by sub-section (1B) of Section 4 of the Employee's Compensation Act, 1923 (8 of 1923), the Central Government hereby specifies, for the purposes of Sub- section (1) of the said Section, the following amount as monthly wages, with effect from the date of publication of this Notification in the Official Gazette, namely :-