Karnataka High Court
The Divisional Manager vs Mariswamy on 25 June, 2021
Author: P.Krishna Bhat
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 25TH DAY OF JUNE 2021
BEFORE
THE HON'BLE MR. JUSTICE P. KRISHNA BHAT
MFA NO.25067 OF 2013 (WC)
c.w.
MFA NO.25069 OF 2013 (WC)
MFA NO.25071 OF 2013 (WC)
MFA NO.25072 OF 2013 (WC)
MFA NO.25074 OF 2013 (WC)
MFA NO.25076 OF 2013 (WC)
MFA NO.25067 OF 2013 (WC) :
BETWEEN:
THE DIVISIONAL MANAGER
UNITED INDIA INSURANCE CO. LTD.
BELLARY
REPRESENTED THROUGH ITS
DIVISIONAL OFFICE
OPPOSITE RADHIKA TALKIES
RAGHAVACHARI ROAD, BELLARY
REP. BY ITS DIVISIONAL MANAGER.
...APPELLANT
(BY SRI. NAGANAGOUDA R. KUPPELUR, ADVOCATE)
AND:
1. SRI. NOOR AHAMAD @ NOOR MAHAMMED
S/O. SARMAS SAB
AGE : 36 YEARS, OCC : DRIVER
R/O. KUDITINI VILLAGE
TQ. AND DIST. BELLARY.
2
2. SRI. MUNNA, S/O. VALISAB
AGE : MAJOR, OCC : BUSINESS
R/O. NEAR MALLESHWARAM TEMPLE HUTS
140/G, NEAR BCC GROUND
BELLARY.
(OWNER OF THE LORRY NO.AP/21/T-2729)
...RESPONDENTS
( R.1 HELD SUFFICIENT. R.2 SERVED.)
THIS APPEAL IS FILED UNDER SECTION 30(1) OF WORKMEN'S
COMPENSATION ACT, 1923, PRAYING TO CALL FOR THE RECORDS
CONNECTED WITH WCA NF.NO. 34/2013 ON THE FILE OF THE
WORKMEN'S COMPENSATION COMMISSIONER, SUB-DIVISION-I,
BELLARY, EXAMINE THE SAME AND MODIFY THE ORDER DATED
23.08.2013 IN THE INTEREST OF JUSTICE.
MFA NO.25069 OF 2013 (WC) :
BETWEEN:
THE DIVISIONAL MANAGER
UNITED INDIA INSURANCE CO. LTD.
BELLARY
REPRESENTED THROUGH ITS
DIVISIONAL OFFICE
OPPOSITE RADHIKA TALKIES
RAGHAVACHARI ROAD, BELLARY
REP. BY ITS DIVISIONAL MANAGER.
...APPELLANT
(BY SRI. NAGANAGOUDA R. KUPPELUR, ADVOCATE)
AND:
1. SRI. CHANDRAPPA, S/O. NAGAPPA
AGE : 31 YEARS, OCC : CLEANER
R/O. KUDITINI VILLAGE
TQ. AND DIST. BELLARY.
3
2.SRI. MUNNA, S/O. VALISAB
AGE : MAJOR, OCC : BUSINESS
R/O. NEAR MALLESHWARAM TEMPLE HUTS
140/G, NEAR BCC GROUND
BELLARY.
(OWNER OF THE LORRY NO.AP/21/T-2729)
...RESPONDENTS
( R.1 HELD SUFFICIENT. R.2 SERVED.)
THIS APPEAL IS FILED UNDER SECTION 30(1) OF WORKMEN'S
COMPENSATION ACT, 1923, PRAYING TO CALL FOR THE RECORDS
CONNECTED WITH WCA NF.NO. 35/2013 ON THE FILE OF THE
WORKMEN'S COMPENSATION COMMISSIONER, SUB-DIVISION-I,
BELLARY, EXAMINE THE SAME AND MODIFY THE ORDER DATED
23.08.2013 IN THE INTEREST OF JUSTICE.
MFA NO.25071 OF 2013 (WC) :
BETWEEN:
THE DIVISIONAL MANAGER
UNITED INDIA INSURANCE CO. LTD.
BELLARY
REPRESENTED THROUGH ITS
DIVISIONAL OFFICE
OPPOSITE RADHIKA TALKIES
RAGHAVACHARI ROAD, BELLARY
REP. BY ITS DIVISIONAL MANAGER.
...APPELLANT
(BY SRI. NAGANAGOUDA R. KUPPELUR, ADVOCATE)
AND:
1. SRI. MARISWAMY S/O. KARIBASAPPA
AGE : 27 YEARS, OCC : EX HAMALI
R/O. MOKAA VILLAGE
TQ. AND DIST. BELLARY.
4
2. SRI. MUNNA, S/O. VALISAB
AGE : MAJOR, OCC : BUSINESS
R/O. NEAR MALLESHWARAM TEMPLE HUTS
140/G, NEAR BCC GROUND
BELLARY.
(OWNER OF THE LORRY NO.AP/21/T-2729)
...RESPONDENTS
( R.1 HELD SUFFICIENT. R.2 SERVED.)
THIS APPEAL IS FILED UNDER SECTION 30(1) OF WORKMEN'S
COMPENSATION ACT, 1923, PRAYING TO CALL FOR THE RECORDS
CONNECTED WITH WCA NF.NO. 36/2013 ON THE FILE OF THE
WORKMEN'S COMPENSATION COMMISSIONER, SUB-DIVISION-I,
BELLARY, EXAMINE THE SAME AND MODIFY THE ORDER DATED
23.08.2013 IN THE INTEREST OF JUSTICE.
MFA NO.25072 OF 2013 (WC) :
BETWEEN:
THE DIVISIONAL MANAGER
UNITED INDIA INSURANCE CO. LTD.
BELLARY
REPRESENTED THROUGH ITS
DIVISIONAL OFFICE
OPPOSITE RADHIKA TALKIES
RAGHAVACHARI ROAD, BELLARY
REP. BY ITS DIVISIONAL MANAGER.
...APPELLANT
(BY SRI. NAGANAGOUDA R. KUPPELUR, ADVOCATE)
AND:
1. SRI. DADAFEER S/O. GOUSASAB
AGE : 29 YEARS, OCC : EX. HAMALI
R/O. YASHAWANTH NAGAR, SANDUR
TQ. AND DIST. BELLARY.
2. SRI. MUNNA, S/O. VALISAB
5
AGE : MAJOR, OCC : BUSINESS
R/O. NEAR MALLESHWARAM TEMPLE HUTS
140/G, NEAR BCC GROUND
BELLARY.
(OWNER OF THE LORRY NO.AP/21/T-2729)
...RESPONDENTS
( R.1 HELD SUFFICIENT. R.2 SERVED.)
THIS APPEAL IS FILED UNDER SECTION 30(1) OF WORKMEN'S
COMPENSATION ACT, 1923, PRAYING TO CALL FOR THE RECORDS
CONNECTED WITH WCA NF.NO. 37/2013 ON THE FILE OF THE
WORKMEN'S COMPENSATION COMMISSIONER, SUB-DIVISION-I,
BELLARY, EXAMINE THE SAME AND MODIFY THE ORDER DATED
23.08.2013 IN THE INTEREST OF JUSTICE.
MFA NO.25074 OF 2013 (WC) :
BETWEEN:
THE DIVISIONAL MANAGER
UNITED INDIA INSURANCE CO. LTD.
BELLARY
REPRESENTED THROUGH ITS
DIVISIONAL OFFICE
OPPOSITE RADHIKA TALKIES
RAGHAVACHARI ROAD, BELLARY
REP. BY ITS DIVISIONAL MANAGER.
...APPELLANT
(BY SRI. NAGANAGOUDA R. KUPPELUR, ADVOCATE)
AND:
1. SRI.PEEKYANAIK S/O. MALLANAIK
AGE : 31 YEARS, OCC : EX HAMALI
R/O. TALUR VILLAGE
TQ. AND DIST. BELLARY.
2. SRI. MUNNA, S/O. VALISAB
6
AGE : MAJOR, OCC : BUSINESS
R/O. NEAR MALLESHWARAM TEMPLE HUTS
140/G, NEAR BCC GROUND
BELLARY.
(OWNER OF THE LORRY NO.AP/21/T-2729)
...RESPONDENTS
( R.1 HELD SUFFICIENT. R.2 SERVED.)
THIS APPEAL IS FILED UNDER SECTION 30(1) OF WORKMEN'S
COMPENSATION ACT, 1923, PRAYING TO CALL FOR THE RECORDS
CONNECTED WITH WCA NF.NO. 38/2013 ON THE FILE OF THE
WORKMEN'S COMPENSATION COMMISSIONER, SUB-DIVISION-I,
BELLARY, EXAMINE THE SAME AND MODIFY THE ORDER DATED
23.08.2013 IN THE INTEREST OF JUSTICE.
MFA NO.25076 OF 2013 (WC) :
BETWEEN:
THE DIVISIONAL MANAGER
UNITED INDIA INSURANCE CO. LTD.
BELLARY
REPRESENTED THROUGH ITS
DIVISIONAL OFFICE
OPPOSITE RADHIKA TALKIES
RAGHAVACHARI ROAD, BELLARY
REP. BY ITS DIVISIONAL MANAGER.
...APPELLANT
(BY SRI. NAGANAGOUDA R. KUPPELUR, ADVOCATE)
AND:
1. SRI. MOOGANNA
S/O. HANUMANTAPPA
AGE : 26 YEARS, OCC : EX HAMALI
R/O. TORANAGALLU VILLAGE
TQ. AND DIST. BELLARY.
2. SRI. MUNNA, S/O. VALISAB
AGE : MAJOR, OCC : BUSINESS
7
R/O. NEAR MALLESHWARAM TEMPLE HUTS
140/G, NEAR BCC GROUND
BELLARY.
(OWNER OF THE LORRY NO.AP/21/T-2729)
...RESPONDENTS
( R.1 HELD SUFFICIENT. R.2 SERVED.)
THIS APPEAL IS FILED UNDER SECTION 30(1) OF WORKMEN'S
COMPENSATION ACT, 1923, PRAYING TO CALL FOR THE RECORDS
CONNECTED WITH WCA NF.NO. 39/2013 ON THE FILE OF THE
WORKMEN'S COMPENSATION COMMISSIONER, SUB-DIVISION-I,
BELLARY, EXAMINE THE SAME AND MODIFY THE ORDER DATED
23.08.2013 IN THE INTEREST OF JUSTICE.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
In all these appeals, the insurer - United India
Insurance Co. Ltd. has challenged the award dated
23.08.2013 in WCA:NF. Nos.34/2013, 35/2013, 36/2013,
37/2013, 38/2013 and 39/2013 passed by the Labour
Officer and Commissioner for Workmen's Compensation,
sub-Division-I, Bellary.
2. Brief facts are that, the claimants - Noor
Ahamed was working as a driver, Chandrappa was working
as a cleaner and Mariswamy, Dadapeer, Peekyanaik and
Mooganna were working as 'hamalis' in lorry bearing
registration No.AP-21/T-2729 owned by respondent No.1 -
Munna, son of Valisab and insured with the appellant
herein.
3. It is stated that on 03.06.2008 at about 11.30
p.m. when the lorry was proceeding on N.H.13, near
Idgah maidan, another lorry bearing registration No.KA-
18-5599 came from the opposite direction in a rash and
negligent manner and dashed to the lorry of the claimants
resulting in grievous injuries to the claimants.
4. Before the learned Commissioner, respondent
No.1 - insured filed written statement admitting the
employer-employee relationship as well as the accident
resulting in injuries, taking place in the course of and
arising out of the employment.
5. The appellant - insured also contested the
proceedings filing its own separate written statement.
6. During the course of the enquiry, claimants
examined themselves as P.Ws.1 to 6 and examined a
qualified medical practitioner by name Dr. Dinesh Gudi as
a witness. Exs. P.1 to P.29 were marked. Insurance Co.
got marked policy of insurance as Ex.R.1.
7. Upon consideration of the materials produced
and evidence let in, learned Commissioner answered all
the questions arising for consideration in favour of the
claimants and against the appellant - Insurance Co. and
awarded compensation of Rs.81,616/-, Rs.1,74,703/-,
Rs.1,51,126/- Rs.1,48,676/-, Rs.1,70,335/-, Rs.51,122/-
in favour of the claimants with interest thereon at 12%
p.a. with effect from 30 days from the date of the
accident.
8. Learned counsel for the appellant - Insurance
Co. contended before me that even though the accident is
stated to have taken place on 03.06.2008, the claim
petitions came to be filed on 26.06.2013 and therefore it
is difficult to believe that the claimants had suffered
injuries as claimed by them. He further submitted that
the loss in the earning capacity assessed by the learned
Commissioner is based on no evidence and therefore the
award passed is liable to be set aside. He also submitted
that learned Commissioner could not have awarded
interest with effect from 30 days from the date of the
accident when the claimants themselves had filed the
claim petition five years after the accident.
9. The respondents - claimants have remained
unrepresented even though they were served with
summons.
10. I have given my anxious consideration to the
submissions made by the learned counsel for the appellant
and I have perused the certified copy of the records made
available to me by the learned counsel.
11. It is the case of the claimants that on
03.06.2008 while claimants were proceeding in the lorry
bearing registration No. AP/21-T-2729 belonging to one
Munna son of Valisab (respondent No.1 before the
Commissioner), the accident took place and claimants
suffered grievous injuries. It is the case of the claimants
that claimant - Noor Ahamad was working as driver and
claimant - Chandrappa was working as cleaner and the
other four claimants were working as 'hamalis' in the said
lorry. The lorry was insured with the appellant -
Insurance Co.
12. The question is merely on account of the fact
that claim petitions were filed on 26.02.2013 regarding an
accident which had taken place on 03.06.2008, the claim
petitions should be held as based on fraudulent and false
case.
13. During the course of the evidence, the
claimants have produced Exs.P.6, P.11, P.15, P.19, P.23
and P.27 which are the wound certificates pertaining to
the claimants. They were issued by the Health Officer -
Class-I (Junior) T.B.P. Hospital, T.B.Dam, Hospet. The
said wound certificates state that these claimants had
visited the hospital at about 12.45 a.m. on 04.06.2008
with the history of an accident taking place between two
lorries bearing No.AP/21-T-2729 and KA-18-5599 at about
11.30 p.m. near Idgah maidan on 03.06.2008. The wound
certificates show that the Medical Officer had examined all
the six claimants between 12.45 a.m. and 1.55 a.m. on
04.06.2008. There is absolutely no reason whatsoever to
disbelieve the history in the aforementioned wound
certificates and learned Commissioner has believed them.
It is also necessary to notice that in the statement of
objections filed before the learned Commissioner,
respondent No.1 - the owner of the truck in question has
admitted the accident as well as employer-employee
relationship. Under such circumstances, merely on the
ground that there was delay of about five years in filing
the claim petition, case of the claimants regarding their
suffering injuries in the employment related accident
cannot be disbelieved.
14. Learned counsel for the appellant has also made
a grievance that learned Commissioner has assessed the
loss in the earning capacity of the claimants at 15% to
35% which is on the higher side. Learned Commissioner
has placed reliance on the medical evidence of Dr. Dinesh
Gudi who is a qualified medical practitioner and that being
a question of fact, I do not see any good reason to
interfere with the same. The disability certificates issued
by the Medical Officer have also been placed on record.
15. However, learned counsel for the appellant is
right and justified when he contends that learned
Commissioner was in error in granting interest with effect
from 30 days from the date of the accident till the date of
realization when the claimants themselves had approached
the learned Commissioner nearly five years after suffering
the accident. Under such circumstances, it is required to
be held that claimants are not entitled to award of
interest on the compensation amounts with effect from
02.07.2008 till 26.02.2013. Accordingly, I proceed to
pass the following :
The appeals are allowed in part.
While maintaining the quantum of compensation
awarded by the learned Commissioner, it is held that
claimants are entitled to award of interest in respect of
the compensation awarded only from 26.02.2013 till the
date of realization.
The amounts in deposit before this Court shall be
transmitted to the jurisdictional Court of learned Senior
Civil Judge forthwith.
In view of disposal of the appeals, pending
interlocutory applications, if any, do not survive for
consideration and are dismissed accordingly.
Sd/-
JUDGE
Mgn/-
