Karnataka High Court
Bajaj Allianz General Insurance ... vs Budubandi Vali Sab S/O Khasim Sab, on 10 June, 2021
Author: P.Krishna Bhat
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 10TH DAY OF JUNE 2021
BEFORE
THE HON'BLE MR. JUSTICE P. KRISHNA BHAT
MFA NO.20133 OF 2013
C/W
MFA NO.20132 OF 2013
MFA No.20134 OF 2013
IN MFA NO.20133/2013
BETWEEN:
BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.,
BY ITS BRANCH MANAGER, BANGALORE,
REP. BY BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.,
4TH FLOOR, V.A. KALBURGAI MANSION,
OPPOSITE MUNICIPAL CORPORATION,
LAMINGTON ROAD, HUBLI, REP. BY ITS
AUTHORISED SIGNATORY .
...APPELLANT
(BY SRI.R.R.MANE, ADVOCATE)
AND:
1. SHRI. BUDUBANDI VALI SAB S/O KHASIM SAB
AGE ABOUT 43 YEARS, OCC:LOADER,
R/O MINCHERI VILLAGE, TALUK & DIST:
BELLARY.
2. SHRI. H. SAIDA BEE WO H. SARVAR SAB
OWNER OF THE LORRY BEARING NO.
KA-35/C-4239, R/O H.NO.162,
MINCHERI VILLAGE, TALUK & DIST:BELLARY.
...RESPONDENTS
(R1 & R2-SERVED)
2
THIS APPEAL IS FILED UNDER SECTION 30 (1)(a)(aa) OF THE
EMPLOYEE'S COMPENSATION ACCUSED, PRAYING THIS HON'BLE
COURT TO ALLOW THIS APPEAL AND SET-ASIDE THE JUDGMENT AND
ORDER DATED 14.9.2012 PASSED BY THE COURT OF THE LABOUR
OFFICER AND COMMISSIONER FOR WORKMEN'S COMPENSATION,
SUB-DIVISION NO.1, BELLARY IN WCA/CR NO.98/2009 AND TO PASS
SUCH OTHER ORDER OR ORDERS, AS THIS HON'BLE COURT DEEMS
FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE.
IN MFA NO.20132/2013
BETWEEN:
BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.,
BY ITS BRANCH MANAGER, BANGALORE,
REP. BY BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.,
4TH FLOOR, V.A. KALBURGAI MANSION,
OPPOSITE MUNICIPAL CORPORATION,
LAMINGTON ROAD, HUBLI, REP. BY ITS
AUTHORISED SIGNATORY .
...APPELLANT
(BY SRI.R.R.MANE, ADVOCATE)
AND:
1. SHRI. PATLA MOULA SAB S/O HUSSAIN SAB
AGE ABOUT 33 YEARS, OCC:LOADER,
R/O MINCHERI VILLAGE, TALUK & DIST:
BELLARY.
2. SHRI. H. SAIDA BEE WO H. SARVAR SAB
OWNER OF THE LORRY BEARING NO.
KA-35/C-4239, R/O H.NO.162,
MINCHERI VILLAGE, TALUK & DIST:BELLARY.
...RESPONDENTS
(R1 & R2-SERVED)
THIS APPEAL IS FILED UNDER SECTION 30 (1)(a)(aa) OF THE
EMPLOYEE'S COMPENSATION ACCUSED, PRAYING THIS HON'BLE
COURT TO ALLOW THIS APPEAL AND SET-ASIDE THE JUDGMENT AND
ORDER DATED 14.9.2012 PASSED BY THE COURT OF THE LABOUR
OFFICER AND COMMISSIONER FOR WORKMEN'S COMPENSATION,
SUB-DIVISION NO.1, BELLARY IN WCA/CR NO.97/2009 AND TO PASS
3
SUCH OTHER ORDER OR ORDERS, AS THIS HON'BLE COURT DEEMS
FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE.
IN MFA NO.20134/2013
BETWEEN:
BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.,
BY ITS BRANCH MANAGER, BANGALORE,
REP. BY BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.,
4TH FLOOR, V.A. KALBURGAI MANSION,
OPPOSITE MUNICIPAL CORPORATION,
LAMINGTON ROAD, HUBLI, REP. BY ITS
AUTHORISED SIGNATORY .
...APPELLANT
(BY SRI.R.R.MANE, ADVOCATE)
AND:
1. SHRI. KODGAL MABU S/O KODGAL CHAMAN SAB
AGE ABOUT 38 YEARS, OCC:LOADER,
R/O MINCHERI VILLAGE, TALUK & DIST:
BELLARY.
2. SHRI. H. SAIDA BEE WO H. SARVAR SAB
OWNER OF THE LORRY BEARING NO.
KA-35/C-4239, R/O H.NO.162,
MINCHERI VILLAGE, TALUK & DIST:BELLARY.
...RESPONDENTS
(R1 & R2-SERVED)
THIS APPEAL IS FILED UNDER SECTION 30 (1)(a)(aa) OF THE
EMPLOYEE'S COMPENSATION ACCUSED, PRAYING THIS HON'BLE
COURT TO ALLOW THIS APPEAL AND SET-ASIDE THE JUDGMENT AND
ORDER DATED 14.9.2012 PASSED BY THE COURT OF THE LABOUR
OFFICER AND COMMISSIONER FOR WORKMEN'S COMPENSATION,
SUB-DIVISION NO.1, BELLARY IN WCA/CR NO.99/2009 AND TO PASS
SUCH OTHER ORDER OR ORDERS, AS THIS HON'BLE COURT DEEMS
FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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COMMON JUDGMENT
These three appeals are by the insurer-Bajaj Allianz,
General Insurance Company Limited calling in question the
legality and validity of the award dated 14.09.2012 in W.C.No.
97/2009, W.C.No98/2009 and W.C.No.99/2009 passed by the
learned Labour Officer and Commissioner for Workmen's
Compensation, Sub-Division-I, Ballari awarding compensation
of Rs. 25,000/-, Rs.30,000/- and Rs.25,000/- respectively
with interest thereon at 12% per annum.
2. Brief facts are that respondent No.1 in each of these
appeals were working as Hamalies in lorry bearing registration
No.KA-35/C-4329 owned by respondent No.2 in these
appeals. It is stated that on 29.07.2008 at about 3.30 a.m.,
they were returning from Banaskere to Ballari after loading
mines in the lorry and at that time, on account of the rash and
negligent driving of the lorry by its driver it capsized causing
injuries to the three claimants.
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3. During the enquiry before the learned Commissioner,
the claimants examined themselves as P.W.1 to P.W.3 and
Ex.P.1 to Ex.P.7 were marked. For the respondents before the
learned Commissioner, insurance policy was marked and no
witness was examined.
4. The respondents in these appeals, even though they
are served, have remained unrepresented.
5. Learned counsel for the appellant, Sri. R. R. Mane
submits that the arbitrariness is writ large in the award of the
learned Commissioner in as much as claimants did not
examine medical expert and the wound certificates namely
Ex.P4, P6 and P7 produced in support of the injuries suffered
by the claimants in the accident show only simple injuries of
superficial nature and therefore, it was perverse on the part of
the learned Commissioner to have awarded any compensation
as such injuries are not meant to be covered for grant of
compensation under the Employees' Compensation Act, 1923.
He further submitted that even though in his finding on point
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No.2 he has recorded that claimants were earning monthly
wage of Rs.3,900/-, while computing the compensation under
findings on point No.4, he has taken the same at Rs.5,000/-
per month which is inconsistent with his own finding and
therefore also the award is liable to be set aside.
6. I have given my anxious consideration to the
submissions made by the learned counsel for the appellant-
insurance company and I have perused the records carefully.
7. I find considerable force in the submissions made by
the learned counsel for the appellant-insurance company . For
immediate reference and to understand contentions of the
learned counsel for the appellant it is necessary to make
reference to the wound certificates Ex.P4, Ex.P6 and Ex.P7.
Ex.P.4 pertains to one Moulasab, who is the claimant in
W.C.No.97/2009. Ex.P.6 is the wound certificate pertaining to
one Valisab, who is claimant in W.C.No.98/2009 and Ex.P7 is
the wound certificate pertaining to one Kodagal Mabusab, who
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is claimant in W.C.No.99/2009. Ex.P.4 shows the injuries
suffered by Moulasab, which is as follows:
• Tenderness present over pelvis,
• Tenderness present over spine,
• Tenderness present over right sole,
• Tenderness present over right leg,
• Report: No fracture seen.
Ex.P.6 shows the injuries suffered by Valisab, which is
as follows:
• Tenderness and pain present over right lower side
of the chest,
• Tenderness present over left knee,
• Cut lacerated wound over right leg (shin)
measuring 0.5 cm x 0.5 cm 'bleeding present',
• Tenderness and swelling present over left forearm.
• Tenderness present over right thigh,
• Report: No fracture seen.
Ex.P.7 shows the injuries suffered by Mabusab, which is
as follows:
• Tenderness over pelvis,
• Tenderness over both hips, swelling present,
• Tenderness over both lower limbs,
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• Tenderness over both legs,
• Report: No fracture seen.
8. The injuries mentioned in Ex.P.4, Ex.P6 and Ex.P7
were all simple injuries and superficial in nature. It is
therefore, evident that the finding recorded by the learned
Commissioner is not based on evidence and therefore, it is
perverse. The injuries suffered by the three claimants clearly
show that they would have hardly required two or three days
rest to recuperate from the injuries and become fit again to
continue to work as Hamalies. In that view of the matter and
in view of my finding that the finding of the learned
Commissioner is totally perverse, a substantial question of law
arises for consideration and in view of the total absence of any
injury warranting grant of compensation, I allow the appeals
and dismiss the claim petitions. Hence, the following:
ORDER
The appeals are allowed.
Claim petitions are dismissed.
The amount in deposit, if any, before the
registry shall be refunded to the appellant-
insurance company, forthwith.
In view of disposal of the appeals, pending
interlocutory applications, if any, do not survive for
consideration and are dismissed accordingly.
Sd/-
JUDGE
yan
