Ali Azgar vs M/S. Reliance General Ins. Co. Ltd
2022 Latest Caselaw 9252 Kant

                              1




  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 21ST DAY OF JUNE, 2022

                        BEFORE

  THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

             M.F.A.NO.539 OF 2014 (WC)

BETWEEN:

  1. ALI AZGAR,
     S/O MOHAMMED HUSSAIN,
     AGED ABOUT 49 YEARS.

  2. NAHEEMA BANU @ NAHEEMUNNISSA,
     W/O ALI AZGAR,
     AGED ABOUT 38 YEARS.

  3. IRFAN ALI,
     S/O ALI AZGAR,
     AGED ABOUT 24 YEARS.

  4. B B SABINA BANU,
     D/O ALI AZGAR,
     AGED ABOUT 21 YEARS.

  5. USNA BANU
     D/O ALI AZGAR
     AGED ABOUT 20 YEARS.

  6. SHOWKATH ALI,
     S/O ALI AZGAR,
     AGED ABOUT 19 YEARS.

  7. ARSHIYA BANU,
     D/O ALI AZGAR,
     AGED ABOUT 14 YEARS

APPELLANT NO.7 IS MINOR,
REPRESENTED BY FATHER i.e.,
                                     2




APPELLANT NO.1 HEREIN ABOVE

ALL ARE R/O 2ND MAIN, AJAD NAGAR,
CHITRADURGA TOWN - 577 501.                         ...APPELLANTS

(BY SRI SPOORTHY HEGDE NAGARAJ, ADV.)

AND:

  1. M/S. RELIANCE GENERAL INS. CO. LTD.,
     BY ITS BRANCH MANAGER,
     BRANCH OFFICE,
     MAGANUR COMPLEX, NEAR KSRTC,
     BUS STAND, B D ROAD,
     CHITRADURGA - 577 501.

  2. J DADAPEER,
     S/O ABDUL JADDBAR SAB,
     OWNER OF LORRY NO.KA 16/A-9182,
     R/O 229/2, NEAR SANTHE MAIDANA,
     HORAPET, CHITRADURGA - 577 501. ...RESPONDENTS

(BY SRI B PRADEEP, ADV. FOR R1,
 R2 - SERVED )
                             ----
       THIS M.F.A. IS FILED UNDER SECTION 30(1) OF W.C.ACT
AGAINST THE JUDGMENT DATED 10.1.2013 PASSED IN
WCA/F/CR.NO.63/2011 ON THE FILE OF THE LABOUR OFFICER
AND     COMMISSIONER      FOR     WORKMEN  COMPENSATION,
CHITRADURG DISTRICT, CHITRADURGA, ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING FURTHER
ENHANCEMENT OF COMPENSATION.

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


                            JUDGMENT

This appeal is filed by the claimants seeking

enhancement of compensation challenging the judgment

and award dated 10.01.2013 in W.C.A.F.C.R.No.63/2011

passed by the Labour Officer and Commissioner for

Workmen's compensation, Chitradurga.

2. For the sake of convenience, parties are

referred as per their rank before the Tribunal.

3. Heard Shri. Spoorthy Hegde Nagaraj, the

learned advocate for the appellants and Shri. B.Pradeep,

learned advocate for respondent No.1. Though notice was

served on respondent No.2, he is unrepresented.

      4.     There    is    no   dispute    over   the   fact   on

22.03.2011    at     1.00    p.m.,   near     Narayana     Wines,

Bhemasamudra the accident took place between two

Lorries bearing Reg. No.KA-16/A-9182 and KA-16/A-7742.

Mohammad Imran @ Imran was working as cleaner in

lorry bearing No.KA16/A-9182. The accident took place on

account of rash and negligent driving of the driver of the

lorry bearing Reg. No.KA-16/A-7742 when Mohammad

Imran @ Imran who was cleaning the glass of the lorry in

which he was traveling, was dashed by another lorry. Due

to said impact, deceased Mohammad Imran @ Imran

sustained grievous injuries and succumbed in the hospital.

5. The claimants who are legal heirs of deceased

Mohammad Imran @ Imran filed claim petition seeking

compensation before the Labour Commissioner. The

Labour Commissioner after considering both oral and

documentary evidence awarded compensation of

Rs.4,30,560/-.

6. The appellants being aggrieved by the

quantum have filed this appeal seeking enhancement of

the compensation.

7. There is no dispute over the fact that the

deceased was an employee under respondent No.1 and the

accident has taken place on 22.03.2011 during the course

of employment. The Labour Commissioner has awarded

compensation taking the income of deceased at Rs.4000/-

per month as per Section 4 of the Employees

Compensation Act, 1923. The accident has taken place in

the year 2011. As the provisions of the Employees

Compensation Act was amended in the year 2010, the

income of the deceased is to be taken income at Rs.8000/-

per month.

8. The claim petition is filed by the dependents of

deceased Mohemmed Imran Ali @ Imran Ali who died in a

motor vehicle accident which took place on 22.03.2011.

There is no dispute about the occurrence of the accident

and that deceased was the Lorry cleaner. There is no

proof relating to the income of the deceased. Therefore,

this Court taking the income of deceased at Rs.8,000/-

per month and deducting 50% towards personal expenses

as he was bachelor, loss of dependency would be

Rs.8000X50%X215.28=8,61,120/-.

9. It is also to be noted that the claimants have

filed the instant appeal after lapse of 312 days, application

was filed to condone the delay in filing the appeal. This

Court had allowed the application on the condition that the

appellants would not be entitled to interest for the delayed

period in the event of enhancement. The appellants are

entitled for the interest from the date of deposit till the

date of actual payment excluding for the delayed period of

312 days referred to above.

10. Hence, the following :-

ORDER

(i) Appeal is allowed-in-part. The impugned judgment

and award dated 10.01.2013 passed by the Labour

Officer and Commissioner for workmen's compensation,

Chitradurga in W.C.A.F.C.R.63/2011 is modified.

(ii) The appellants/claimants are entitled to enhanced

compensation of Rs.4,30,560/- along with interest @ 6%

p.a. from the date of the petition till realisation excluding

interest for the delayed period of 312 days.

(iii) The 2nd respondent/insurance company shall

deposit the amount after deducting the amount, if any,

already paid within eight weeks from the date of receipt

of this order.

(iv) In all other aspects, the award of the

Commissioner shall stand undisturbed.

Sd/-

JUDGE

HD