Karnataka High Court
Eramma W/O Late Veerbhadrayya And Ors vs Indumati W/O Shankar Kattolli And Anr on 20 November, 2025
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NC: 2025:KHC-K:7039
MFA No. 200478 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 20TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MRS JUSTICE P SREE SUDHA
MISCL. FIRST APPEAL NO. 200478 OF 2017 (WC)
BETWEEN:
1. ERAMMA
W/O LATE VEERBHADRAYYA IKALKI MATH,
AGE: 34 YEARS, OCC: HOUSE HOLD
2. SWETHA
D/O.LATE VEERBHADRAYYA IKALKI MATH,
AGE: 18 YEARS, OCC: STUDENT
3. SIDDALINGAYYA
S/O. LATE VEERBHADRAYYA IKALKI MATH,
AGE: 16 YEARS, OCC: STUDENT (MINOR)
Digitally signed
by SUMITRA 4. SHARNAYYA
SHERIGAR S/O. LATE VEERBHADRAYYA IKALKI MATH,
Location: AGE: 14 YEARS, OCC: STUDENT (MINOR)
HIGH COURT
OF
KARNATAKA 5. MALLIKARJUNAYYA @ MALLAYYA SWAMY
S/O. SHANTAYYA IKALKI MATH,
AGE: 67 YEARS, OCC: PENSIONER
6. KASTURIBAI
W/O. MALLIKARJUNAYYA
@ MALLAYYA SWAMY IKALKI MATH,
AGE: 62 YEARS, OCC: HOUSE HOLD
(PETITIONER NO.3 & 4 ARE BEING MINORS THIS
PETITION IS FILED BY THEIR NEXT FRIEND
NATURAL MOTHER PETITIONER NO.1)
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NC: 2025:KHC-K:7039
MFA No. 200478 of 2017
HC-KAR
ALL ARE R/O ADARSH NAGAR (COLONY)
SEDAM ROAD, KALABURAGI-585 105.
...APPELLANTS
(BY SRI. SANKET APPAJI, ADVOCATE)
AND:
1. INDUMATI
W/O. SHANKAR KATTOLLI,
AGE: 44 YEARS, OCC: TRANSPORT BUSINESS &
HOUSE HOLD,
R/O: H.NO.7-1101, OPP: HANUMANTHRAYA TEMPLE,
BANK COLONY, NEHRU GUNJ,
KALABURAGI-585 104.
2. THE MANAGER
ROYAL SUNDARAM ALLIANCE INS. CO. LTD.,
BILGUNDI COMPLEX, OPP: VIDHAN SOUDHA,
KALABURAGI-585 102.
ON BEHALF OF:
ROYAL SUNDARAM ALLIANCE INS. CO. LTD.,
"SUNDARAM TOWERS" 45 & 46 WHITE ROAD
CHENNAI-600 044
REG. OFFICE-21, PATULLOS ROAD,
CHENNAI-600 002.
...RESPONDENTS
(BY SMT. PREETI PATIL MELKUNDI, ADV. FOR R2;
R1 IS SERVED)
THIS MFA IS FILED U/S.30(1) OF EC ACT, PRAYING TO
ALLOW THIS APPEAL AND MODIFY THE JUDGMENT AND
AWARD DATED-25.01.2017 PASSED BY I ADDL. SENIOR CIVIL
JUDGE KALABURAGI IN ECA NO.1260/2014 AND AWARD
COMPENSATION OF Rs.25,00,000/- OVER AND ABOVE THE
COMPENSATION AWARDED BY THE TRIBUNAL BELOW.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE P SREE SUDHA
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NC: 2025:KHC-K:7039
MFA No. 200478 of 2017
HC-KAR
ORAL JUDGMENT
1. This appeal is filed against the Judgment and award dated 25.01.2017 passed in ECA No.126/2014 by the I Additional Senior Civil Judge and MACT, Kalaburagi (for short 'the tribunal') seeking enhancement of the compensation.
2. One Veerbhadrayya Ikalki Math died in a accident on 07.03.2012. His wife, children and parents filed claim petition before the tribunal seeking compensation of Rs.25,00,000/- along with interest. The tribunal after considering the entire evidence on record, awarded a sum of Rs.4,39,000/- along with interest at the rate of 12% per annum from the date of petition till realization. Aggrieved by the said Judgment and award, the claimants have preferred the present appeal seeking enhancement of the compensation.
3. In the present appeal it is contended that, though it was stated that, the income of the deceased was -4- NC: 2025:KHC-K:7039 MFA No. 200478 of 2017 HC-KAR Rs.15,000/-, per month and batta of Rs.500/- per day, the tribunal has erred in taking the income of the deceased at Rs.5,000/- per month. Further it is also stated that, as per the gazette notification of the Government of India, minimum wage is to be taken at Rs.8,000/- per month. The deceased was aged 36 years as on the date of the death as per the Ex.P.9 i.e. postmortem report. But the tribunal has taken the age of the deceased as 43 years. Further learned counsel for the claimant submits that, Rs.5,000/- is to be awarded towards funeral expenses and the interest is to be granted from the date of the accident till the date of realization.
4. Heard the arguments from both sides.
5. As per the gazette notification of the Government of India, income of the deceased is to be taken at Rs.8,000/- per month. In view of Section 4 of the Employees Compensation Act, 1923, 50% i.e. Rs.4,000/- of the income is to be considered while calculating the compensation. The tribunal has relied upon the date of birth mentioned in the -5- NC: 2025:KHC-K:7039 MFA No. 200478 of 2017 HC-KAR driving licence, as such, the contention of the learned counsel for the appellant that his age is to be taken as 36 years basing on the postmortem report is not accepted. Since a valid document is produced i.e. driving licence, the question of considering the age of the deceased as per the postmortem report does not arise. It needs no interference. Hence, the relevant factor is 175.54. The calculation is as under:
Rs.4,000/- X 175.54 = Rs.7,02,160/-
6. The total compensation is Rs.7,02,160/- + Rs.5,000/- totaling to Rs.7,07,160/-.
7. Accordingly, the following:
ORDER
(i) The appeal is allowed in part;
(ii) The compensation awarded by the tribunal in a sum of Rs.4,39,000/- is enhanced to Rs.7,07,160/- along with interest at the rate of 12% per annum from the date of petition till the date of realization;-6-
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(iii) Respondent No.2 is directed to deposit the compensation amount along with interest within one month from the date of this order;
(iv) On such deposit, this Court finds it reasonable to grant an amount of Rs.1,00,000/- each to claimant Nos.5 and 6 and they are permitted to withdraw the said amount; claimant No.1 is the wife of the deceased, she is permitted to withdraw the balance amount along with interest;
(v) The claimants are not entitled to interest for the delayed period of 530 days in filing the appeal.
sd/-
(P SREE SUDHA) JUDGE SVH List No.: 1 Sl No.: 6