Devi W/O Ganapthi Gouda vs Mohammad Akbar M Mullar
2021 Latest Caselaw 2451 Kant

                 IN THE HIGH COURT OF KARNATAKA
                         DHARWAD BENCH

              DATED THIS THE 28TH DAY OF JUNE 2021

                              BEFORE

             THE HON'BLE MR. JUSTICE P. KRISHNA BHAT


                       MFA NO.22432 OF 2013

BETWEEN:

  1. SMT. DEVI, W/O. GANAPTHI GOUDA
     AGE 48 YEARS, OCC : HOUSEHOLD
     R/O. AGHANASHINI, TQ: KUMTA
     DIST. KARWAR.

  2. GANAPATI SANNA GOUDA
     AGED : 58 YEARS, OCC : AGRICULTURIST
     R/O. AGHANASHINI, TQ: KUMTA
                                                      ...APPELLANT

(BY SRI. M.D. RAFIQUE FOR SRI. S.L.MATTI, SRI. SURESH S.S.,
 ADVOCATE)

AND:

  1. SRI. MOHAMMAD AKBAR M. MULLAR
     AGE : 48 YRS., OCC : BUSINESS
     C/O. SAFE TRANSPORT
     OPP: HOTEL PANDURANGA INTERNATIONAL
     NH 17, KUMTA, TQ: KUNTA (UK).

  2. THE MANAGER
     UNITED INDIA INSURANCE CO. LTD.
     BRANCH OFFICE, 98A, 1ST FLOOR
     GIBBS HIGH SCHOOL ROAD,
     KUMTA (UK).
                                                   ...RESPONDENTS
(BY SRI. S.S. KOLIWAD FOR R.2. NOTICE TO R.1. DISPENSED WITH.)
                                    2


     THIS APPEAL IS FILED UNDER SECTION 30(1) OF            THE
WORKMEN'S COMPENSATION ACT, 1923, PRAYING SET ASIDE THE
JUDGMENT AND AWARD DATED 14.03.2012 PASSED BY WORKMAN'S
COMPENSATION COMMISSIONER AT KARWAR, IN WCAF NO.27/2010 AND
AWARD COMPENSATION AS PRAYED IN THE CLAIM PETITION BY
ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND EQUITY.

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

                            JUDGMENT

Claimants have come up with this appeal under Section 30(1)

of the Employees Compensation Act, 1923, calling in question the

award dated 14.03.2012 in WCAF No.27/2010 passed by the

Commissioner for Workmen's Compensation at Karwar.

2. Brief facts are that, one Chandrashekar Ganapathi

Gouda was working as driver in Truck bearing No. KA-47-

0588 belonging to insured - respondent No.1 Mohammad

Akbar M. Mulla and insured with the respondent No.2.

Claimants are the parents of deceased Chandrashekar

Ganapathi Gouda. It is stated that on 22.06.2010 when

the deceased was driving the offending truck from

Sankeshwar to Belagavi on N.H.4 on account of rash and

negligent driving of the lorry, it lost control and capsized

and on account of the impact, deceased died and a case in

Crime No.128/2010 was registered in Yamakanamaradi

Police Station.

3. During the claim proceedings, respondent No.1 -

insured entered appearance and filed written statement

admitting the employer-employee relationship and also

the fact that the accident resulting in death of the

deceased took place in the course of and arising out of the

employment.

4. Respondent No.2 - insurer also filed its separate

written statement denying the averments made in the

claim petition.

5. During the enquiry, claimant No.1 was examined

as P.W.1 and Exs. P.1 to P.16 were marked. The

Insurance Co. got marked the policy of insurance as

Ex.R.1.

6. Upon consideration of the materials produced and

the evidence let in, learned Commissioner answered the

points arising for consideration in favour of the claimants

and against the respondents.

7. Learned counsel for the appellants - claimants

submits that the learned Commissioner has committed an

error of law in taking the monthly wages of the deceased

at Rs.6,000/- and not at Rs.8,000/- as provided under the

Act itself. He further submits that while the Act provides

for grant of interest at 12% p.a. with effect from 30 days

after the date of the accident, learned Commissioner has

granted lower rate of interest and thereby he has

committed a serious error of law and the same is liable to

be set aside.

8. Learned counsel appearing for respondent -

Insurance Co. on the other hand submits that, learned

Commissioner on consideration of the materials produced

before him has fixed the monthly wages at Rs.6,000/-

having regard to the fact that the accident resulting in the

death of deceased Chandrashekar Ganapathi Gouda had

taken place on 22.06.2010 and therefore no substantial

question of law arises for consideration on that score. He

further graciously conceded that the statute itself has

fixed the rate of interest at 12% p.a. with effect from 30

days after the accident and therefore he submitted that

suitable order may be passed with regard to the interest

on compensation by this Court.

9. While it is true that an amendment was

incorporated to the Act enhancing the maximum notional

wages from Rs.4,000/- to Rs.8,000/- with effect from

31.05.2010 pursuant to a notification issued by the Union

Government. Learned Commissioner taking into

consideration the fact that the accident resulting in the

death of the deceased had taken place immediately after

this amendment has been brought about, has fixed the

monthly wages of the deceased at Rs.6,000/- and

therefore, I do not find any substantial question of law

arising for consideration on that score. Accordingly, I

reject the contention put forth by the learned counsel for

the appellant seeking enhancement of the compensation

by re-fixing the monthly wages to Rs.8,000/- as against

Rs.6,000/- made by the learned Commissioner.

10. There cannot be any dispute that interest

awardable on the compensation ascertained by the

learned Commissioner should be 12% p.a. with effect from

30 days from the date of the accident and not from any

subsequent date or at any lesser rate. In that view of the

matter, learned Commissioner has committed an error and

therefore, I hold that claimants are entitled to interest at

12% p.a. with effect from 30 days from the date of the

accident till the date of realization. Hence, the following :

The above appeal is allowed in part.

While maintaining the quantum of compensation, the

claimants are entitled to award of interest on the said

compensation at the rate of 12% p.a. with effect from 30

days from the date of the accident till the date of

realization.

Sd/-

JUDGE Mgn/-