Thippeswamy Bhovi @ Thippeswamy vs Muhibulla Shariff
2021 Latest Caselaw 997 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 16TH DAY OF JANUARY, 2021

                         BEFORE

     THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

               M.F.A.NO.8497 OF 2016(WC)

BETWEEN
THIPPESWAMY BHOVI @ THIPPESWAMY
S/O THIMMAPPA AGE: 45 YRS
OCC: NIL, R/O MEDIKERENAHALLI
JAGALUR VILLAGE
DAVANAGERE-577001
                                              ...APPELLANT
(BY SMT.SARITHA KULAKARNI, ADVOCATE)
AND

1.    MUHIBULLA SHARIFF
      S/O SHAFIULLA SHARIFF
      AGE: MAJIOR
      R/O CHOTAMAKAN , HORPET
      CHITRADURGA
2.    THE MANAGER
      BAJAJ ALLIANZ GENERAL INSURANCE CO LTD
      KALBURGI MANSION, LAMINGTON ROAD
      OPP MUNICIPAL CORPORATION HUBLI.
                                          ...RESPONDENTS
(BY SMT. H.R. RENUKA, ADVOCATE FOR R-2
 V/O/DT: 07.11.2017 NOTICE TO R-1 IS D/W)
      THIS APPEAL IS FILED UNDER SECTION 30(1) OF WC ACT
AGAINST THE JUDGMENT AND AWARD DATED: 22.10.2016 PASSED
IN EC NO. 43/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE & MEMBEER MACT -IV, DAVANAGERE, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.

     THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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                         JUDGMENT

This appeal is directed against the impugned judgment

and award dated 22.10.2016 passed in ECA No.43/2014,

whereby the Tribunal awarded a sum of Rs.3,85,538/- with

interest at 12% p.a. towards the injuries sustained by the

appellant-claimant in a road traffic accident that occurred on

10.03.2009.

2. Heard the learned counsel for the appellant-claimant

and learned counsel for the respondent-Insurance company

and perused the material on record.

3. The material on record indicates that the Tribunal

committed an error in coming to the conclusion that the

functional disability of the claimant affecting his earning

capacity was 60% as against 100% which is borne out form

the material on record. However, the finding of the trial court

that the monthly income of the claimant was Rs.6,000/- is

contrary to Section 4 of the Employee's Compensation Act,

1923, which stipulates that the maximum income reckoned for

the purpose of assessment of compensation is Rs.4,000/- per

month for the accidents that occurred prior to 18.01.2010.

Under these circumstances, I am of the considered opinion

that the compensation awarded by the Tribunal needs to be

reworked as hereunder:-

(Rs.4,000 x 178.49 x 60% = Rs,4,28,376/-)

The Tribunal having awarded a sum of Rs.3,85,538/-, the

claimant would be entitled to an additional enhanced

compensation of Rs.42,838/- which shall carry interest at the

rate of 12% p.a. from one month from the date of accident i.e.,

10.03.2009 till realisation.

4. In the result, I pass the following:-

(i) Appeal is allowed in part.

(ii) The impugned judgment and award dated

22.10.2016 passed by the Tribunal in ECA No.43/2014 is

hereby modified.

(iii) The appellant-claimant is entitled to an additional

enhanced compensation of Rs.42,838/- which shall carry

interest at the rate of 12% p.a. from one month from the date

of accident i.e., 10.03.2009 till realisation.

(iv) Registry is directed to send back the trial court

records forthwith.

Sd/-

JUDGE

Srl.