Karnataka High Court
Sri Ramesh S vs M/S The Reliance General ... on 23 February, 2022
Bench: P.Krishna Bhat
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE P. KRISHNA BHAT
M.F.A.NO.422/2011 (WC)
BETWEEN:
SRI. RAMESH S
S/O SRI. SUBRAMANI,
AGED ABOUT 32 YEARS,
R/AT NO.8/1, 17TH CROSS,
SIDDASHRAMA ROAD,
MALLESHWARAM,
BANGALORE-560003. ...APPELLANT
(BY SMT.G.K.SREEVIDYA, ADV. FOR
SRI.T.N.VISWANATHA, ADV. FOR APPELLANT)
AND:
1. M/S.THE RELIANCE GENERAL
INSURANCE CO. LTD.,
BY ITS BRANCH MANAGER,
BRANCH OFFICE NO.28,
EAST WING, 5TH FLOOR,
CENTENARY BUILDING,
M.G.ROAD,
BANGALORE-560001.
2. SHRI. KESHAV M
S/O SHRI. NARASIMHAIAH,
MAJOR, R/AT NO.25,
22ND MAIN ROAD,
1ST CROSS, K.P.AGRAHARA,
MAGADI ROAD,
BANGALORE-560023. ...RESPONDENTS
2
(BY MR.H.S.LINGARAJ, ADVOCATE FOR R1
RESPONDENT NO.2-D/W)
THIS MFA IS FILED U/S 30(1) OF W.C. ACT AGAINST THE
JUDGMENT DATED 31.05.2010 PASSED IN CWC/BEM-3/NFC/CR-
38/2008 ON THE FILE OF THE LABUR OFFICER AND
COMMISSIONER FOR WORKMEN COMPENSATION, SUB-
DIVISION-3, BANGALORE, ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
JUDGMENT
This appeal is at the instance of the claimant calling
in question the legality and correctness of the award dated
31.05.2010 in CWC/BEM-3/NFC/CR-38/2008 passed by the
Commissioner for Workmens' Compensation, Bangalore
Sub-division, Bannerghatta Road, Bangalore.
2. Learned counsel for the appellant advanced two fold
contentions. Firstly, she contends that the functional
disability assessed at 15% by the learned Commissioner is
on the lower side and upon the evidence adduced, it
should be assessed at 25%. Her second contention is that
rate of interest awarded is against express terms of
Section 4 (1) of Employees Compensation Act, 1923. She
therefore, submits that the appeal requires to be allowed.
3. The contention of the learned counsel for the
Insurance Company, per contra, is that, since the only
fracture suffered by the claimant-auto driver who is aged
30 years is the fracture of 10th rib, it is impossible to
conceive that there could be any functional disability on
account of the same and therefore, there is no justifiable
grounds to interfere with the finding of the learned
Commissioner in this behalf. Secondly, he submits that
no injustice is caused to the claimant by the rate of
interest awarded by the learned Commissioner on the
compensation amount and therefore, there is no merit in
the appeal and it is liable to be dismissed.
4. The evidence discloses that, the claimant was aged
about 30 years and he was working as an auto-rikshaw
driver. The medical evidence produced shows that 10th rib
of the claimant was fractured. Under such circumstances,
the learned Commissioner has assessed the functional
disability at 15% and there is no good ground made out to
increase the same in this case.
5. Insofar as the rate of interest awarded is concerned,
learned Commissioner has awarded a split rate of interest
namely 7.50% with effect from one month from the date
of accident till the date of award and thereafter, at the rate
of 12% till the date of deposit. This direction made by the
learned Commissioner is contrary to the express terms of
sub-section 1 of Section 4 of Employees Compensation
Act, 1923. Under the said provisions, the interest is liable
to be paid at the rate of 12% per annum with effect from
30 days from the date of the accident till the date of
deposit. Accordingly, while maintaining the quantum of
compensation awarded, rate of interest payable is modified
to the extent that interest shall be payable at the rate of
12% per annum with effect from 30 days of accident till
the date of deposit. Accordingly, the above appeal is
allowed to the said extent.
6. The insurance company shall deposit the
compensation with interest thereon within six weeks from
the date of receipt of certified copies of this judgment.
7. The records shall be transmitted to the learned
Tribunal forthwith.
Sd/-
JUDGE
JS/-
