Proprietor M/S Sitar Enteprises vs Mahesh S/O Gullappa
2021 Latest Caselaw 2885 Kant

                 IN THE HIGH COURT OF KARNATAKA
                         DHARWAD BENCH

               DATED THIS THE 20TH DAY OF JULY 2021

                             BEFORE

             THE HON'BLE MR. JUSTICE P. KRISHNA BHAT


                    MFA NO.21585 OF 2010 (WC)

BETWEEN:

PROPRIETOR,
M/S.SITAR ENTERPRISES AND
OWNER OF THE LORRY BEARING NO.
KA-35: MA-2005,
THAKUR VIHAR, POWER HOUSE ROAD,
SANDUR TOWN, DIST: BELLARY.
SRI.RAMESH SINGH THAKUR,
L/O.LATE AMAR SINGHA THAKUR,
AGE: 50 YEARS, R/AT H.NO:102,
THAKUR VIHAR, SANDUR, DIST: BELLARY.
                                                  ...APPELLANT
(BY SRI.DEEPAK MAGANUR FOR SRI.CHANDRASHEKAR P.PATIL, ADVS.)

AND:
                                                   ...RESPONDENTS
1.     MAHESH S/O. GULLAPPA,
       AGE: 25 YEARS,OCC:EX.LORRY CLENER/HELPER,
       R/O AMBEDKAR NAGAR, SANDUR TOWN,
       DIST: BELLARY.

2.     THE BRANCH MANAGER,
       M/S.UNITED INDIA INSURANCE CO LTD.,
       RAMAKRISHNA COMPLEX, RAGHAVACHAR ROAD,
       NEAR TADHIKA TALKIES,
       BELLARY, DIST: BELLARY

(BY SRI.HANUMANTHAREDDY SAHUKAR, ADVOCATE FOR R1
    SRI.M.K.SOUDAGAR, ADVOCATE FOR R2)
                                  2


     THIS APPEAL IS FILED UNDER SECTION 30(1) OF W.C. ACT,
AGAINST THE JUDGMENT AND ORDER DATED 20.01.2010 PASSED IN
KaNaPa.NO.22/2006 ON THE FILE OF THE LABOUR OFFICER AND
COMMISSIONER FOR WORKMEN'S COMPENSATION, SUB-DIVISION II,
BELLARY, AWARDING THE COMPENSATION OF RS.1,60,351/- WITH
INTEREST AT THERATE OF 12% P.A. SHALL DEPOSIT THE WITHIN
THIRDY DAYS FROM THE DATE OF THE ORDER.

     THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                            JUDGMENT

This appeal is at the instance of respondent No.1

before the learned Commissioner. What is called in

question in this appeal is the award dated 20.01.2010

passed in W.C.No.22/2006 by the Labour Officer and

Commissioner for Workmen's Compensation, Bellary (for

short the 'Commissioner')

2. Brief facts are that one Mahesh S/o Gullappa is

the claimant. He has filed claim petition alleging that he

was working as cleaner-cum-helper in a lorry bearing

registration No.KA-35/MA-2005 owned by respondent

No.1-M/s.Sitar Enterprises and insured with the United

India Insurance Company. It is further stated that on

05.10.2005, as per the instructions of respondent No.1-

M/s.Sitara Enterprises, he was opening the bucket screw

of the lorry and at that time, one nut fell on his right eye

resulting in causing serious injuries to him. During the

treatment at Minto Hospital, Bengaluru, his right eye ball

was surgically removed and he lost his complete vision in

the right eye.

3. Respondent No.1, who is the appellant herein

did not file any written statement before the learned

Commissioner. On the other hand, the Insurance Company

filed a detailed written statement denying the material

averments made in the claim petition.

4. The claimant examined himself as PW1 and

Exs.P1 to P3 were marked. Claimant also got examined

one Dr. V.A.Prasad, who is a consulting eye specialist.

5. Learned Commissioner upon appreciation of the

material produced and evidence let in has allowed the

claim petition and awarded a compensation of

Rs.1,60,351/- and fastened the liability to pay

compensation on the appellant herein and interest was

awarded at 12% Per annum with effect from 30 days from

the date of accident till the deposit of the same.

6. Respondent No.1-M/s.Sitar Enterprises before

the learned Commissioner in support of its appeal

vehemently contended that the appellant herein is owner

only in respect of lorry bearing registration No.KA-35/MA-

2005 and not the owner of the workshop where the

accident took place resulting in causing injuries to the

claimant. His further contention is that the workshop was

owned by third party and the said owner has not been

made as a party to the proceedings. He also submits that

learned Commissioner having recorded a finding that the

claimant was not an employee in respect of lorry in

question and the present appellant is not the owner of the

work shop, could not have directed the appellant herein to

pay the compensation with interest there on. His

submission is that since the appellant is the owner only in

respect of lorry and claimant is not an employee in

respect of said lorry and he being an employee of the

workshop which was owned by third party, the finding of

the learned Commissioner by issuing direction to the

appellant herein to pay the compensation is perverse and

illegal.

7. Heard the learned counsel appearing for both

the parties and perused the records.

8. On perusal of the records, I find that the

appellant herein has neither filed written statement before

the learned Commissioner nor produced any documents or

material to show that the workshop where the claimant is

said to have been working as per the need of the

appellant, belonged to third party and not of the appellant

itself. Even in the affidavit filed in support of Civil.Misc.

No.104252/2010, there was no whisper that the appellant

is not the owner of the workshop. The learned

commissioner under these circumstances has given his

finding based on the material placed before him and no

acceptable material has been placed before this Court to

take a contrary view. The learned Commissioner is the

final fact finding authority and his finding on the material

aspects being based on evidence, it is not possible to hold

that his finding is perverse or based on no evidence. In

that view of the matter, there is no merit in the appeal

and appeal deserves to be dismissed. Accordingly, I

proceed to pass the following:

ORDER

a) The above appeal is dismissed.

b) The amount in deposit, if any, before this

Court shall be transmitted to the jurisdictional

Court of learned Senior Civil Judge forthwith

along with records.

c) Pending applications, if any, do not survive for

consideration and accordingly, they are

disposed of.

Sd/-

JUDGE

SB