Karnataka High Court
United India Insurance Co., Ltd., vs Basanagowda S/O. Ninganagowds ... on 16 March, 2021
Author: N.K.Sudhindrarao
:1:
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 16TH DAY OF MARCH 2021
BEFORE
THE HON'BLE MR. JUSTICE N.K.SUDHINDRARAO
M.F.A. No.23722/2011 (WC)
BETWEEN
UNITED INDIA INSURANCE CO., LTD.,
ENKAY COMPLEX, KESHWAPUR,HUBLI,
REPTD., BY ITS DIVISIONAL MANAGER,
SRI. RAGHUVEER N NAYAK
.....APPELLANT
(BY SMT PREETI SHASHANK, ADV.)
AND
1. BASANAGOWDA
S/O. NINGANAGOWDS NAGANAGOWDRA,
AGE: 38 YEARS,
R/O: OLD KITTUR,
TQ AND DIST: HAVERI.
2. BHARAMAGOWDA
S/O. FAKKIRAGOWDA BHARAMAGOWDA,
SINCE DEAD BY HIS LRS,
2(a) BHIMANAGOWDA
S/O. BHARAMAGOWDA BHARAMAGOWDRA,
2(b) HANUMANTHAGOWDA
S/O. BHARAMAGOWDA BHARAMAGOWDRA,
BOTH ARE R/O: OLD KITTUR,
:2:
TQ AND DIST: HAVERI.
(OWNER OF TT UNIT NO. KA-27/TA-0307 AND 0398)
.....RESPONDENTS
(BY SRI PRASHANT MOGALI, ADV. FOR R-1
R-2(a & b) SERVED)
THIS APPEAL IS FILED U/SEC.30(1) OF WC ACT, 1923,
AGAINST THE JUDGMENT AND ORDER DTD:24-02-2011
PASSED IN WCA/NF/114/2010 ON THE FILE OF THE LABOUR
OFFICER AND COMMISSIONER FOR WORKMENS
COMPENSATION, HAVERI DISTRICT, HAVERI, AWARDING THE
COMPENSATION OF RS.1,29,118/- WITH INTEREST AT THE
RATE OF 12% P.A., SHALL BE DEPOSITED WITHIN 30 DAYS
FROM THE DATE OF THE ORDER.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The appeal is directed against the order dated
24.02.2011 passed by the Labour Officer and
Commissioner for Workmen's Compensation, Haveri (for
brevity, hereafter referred to as 'the Commissioner') in
W.C.A. No.114/2010.
2. In order to avoid confusion and overlapping,
parties are addressed in accordance with the rankings held
by them before the Commissioner.
3. The subsistence of the claim petition is that the
claimant was working as driver under first respondent in
vehicle bearing registration No.KA-27/TA-0307 & T-0308.
on 11.11.2009, on the instructions of the first respondent,
while he was coming back to Halekittur after unloading the
sticks at Hosakittur, he lost control over the vehicle and
accident occurred. In this regard, a case came to be
registered in Crime No.176/2009. The claimant filed claim
petition seeking compensation. The Commissioner partly
allowed the claim petition awarding compensation of
Rs.1,29,118/- with interest at 12% p.a. after 30 days from
the date of accident. Being aggrieved by the same, the
insurance company has filed this appeal.
4. Learned counsel for appellant submits that it
was another person who was the inmate of the vehicle fell
down and succumbed to the injuries. The claimant has not
sustained any injuries but has made the claim petition with
greed of compensation.
5. Learned counsel for claimant submitted that
the claimant has suffered injuries and suffered disability.
He was also inpatient in Haveri Government Hospital.
Hence, he prayed to dismiss the appeal.
6. Learned Commissioner after perusing the
documents which are as under:
Ex.P-1- FIR/complaint
Ex.P-2-Charge-sheet
EX.P-3-spot panchanama
Ex.P-4-MVI report
Ex.P-5-wound certificate
Ex.P-6-DL
Ex.P-7-RC Book
Ex.P-8-Disability certificate
Ex.P-9-X-ray
7. The finding of fact that wages to be considered
at Rs.4,000/- per month and age of the injured as 37
years applicable factor is 192.14 loss of working capacity
at 28%. The breakup of compensation is as under:
60% of the salary x relevant factor x disability/100
2400 x 192.14 x 28%=Rs.1,29,118/-
8. This Court while admitting the appeal, has
framed the following substantial question of law:
Whether the Commissioner for Workmen
Compensation is right in rendering a finding
that the tractor driver has suffered injuries
contrary to the material on record?
9. Learned counsel for the appellant/insurance
company disputes that, here is a case, wherein, without
injury, a person makes a claim for compensation and the
learned Commissioner has granted compensation as stated
above.
10. Ex.P-8 is the disability certificate and Ex.P-9 is
the X-ray. The learned counsel for the appellant submits
that there has been tampering and alteration in the name
of the petitioner on the plastic cover in which X-ray is put.
The envelope is not x-ray report but the content is the X-
ray. This, I find, the defence of the insurance company for
the sake of defence, without any substance in it. The
ground appears to have been stated only for the sake of
claim petition without any basis in it. If it were a case of
forgery, the institution like insurance company would not
have kept quite. Without such being a reality, objection
for a claim for compensation is not basis.
11. Insofar as awarding of interest is concerned, it
is at 12% on the claim amount of Rs.1,29,118/- after 30
days to the accident. Hence, I do not find any infirmity in
the order passed by the learned Commissioner and at the
same time, I do not find any substance in the grounds or
contentions of the appellant.
The appeal fails. Accordingly, dismissed. The total
amount of compensation shall be paid within one month
from the date of receipt of certified copy of this order.
The Registry is directed to transmit the amount in
deposit, if any, to the concerned Labour Court, forthwith.
SD/-
JUDGE
Naa & KMV
