The Branch Manager vs Shri Anjappa @ Anjilappa
2022 Latest Caselaw 3556 Kant

          IN THE HIGH COURT OF KARNATAKA
                  DHARWAD BENCH

     DATED THIS THE 3 R D DAY OF MARCH, 2022

                          BEFORE

 THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA

                M.F.A.No.21021/2010 (WC)

             C/w.M.F.A.No.21022/2010 (WC)


IN MFA.NO.21021/2010
BETWEEN:

THE BRANCH MANAGER,
THE NEW INDIA ASSURANCE CO. LTD.,
BELLARY,
NOW REP. BY ITS DEPUTY MANGER,
NEW INDIA ASSURANCE CO. LTD.,
REGIONAL OFFICE, 2-B UNITY BUILDING ANNEXES,
MISSION ROAD, BANGALORE-27.
                                                 ...APPELLANT
(BY SMT PREETI SHASHANK, ADVOCATE)

AND :

1.      SHRI ANJAPPA @ ANJILAPPA S/O SHIVAPPA,
        AGE 31 YEARS OCC:EX-DRIVER,
        R/O TORANAGALLU. R.S.,
        TAL:SONDUR, DIST BELLARY.

2.      SHRI K.G. KONDAREDDY
        S/O VENKATAREDDY,
        AGE MAJOR OCC:OWNER OF
        LORRY NO.AP/22-U-4299,
        R/O H.NO.102, BALAJI NAGAR COLONY,
        MEHABOB NAGAR (ANDRA PRADESH STATE).
                             2


3.   SHRI MAHAMMAD YUSUF
     S/O MAHAMMAD JAHANGEER,
     AGE MAJOR, OCC:INSURE OF
     LORRY NO.AP/22-U-4299,
     R/O BHAGATH SINGH NAGAR, VANAPARTHI,
     DIST. MEHABOB NAGAR (ANDRA PRADESH STATE).

                                         ....RESPONDENTS

(BY SRI MANJUNATH G. PATIL, ADV. FOR RESPONDENT NO.1)
(NOTICE TO RESPONDENT NOS.2 AND 3 -HELD SUFFICIENT)


     THIS M.F.A. IS FILED U/S.30 OF THE W.C.ACT, AGAINST

THE JUDGMENT AND AWARD DATED: 30-10-2009, PASSED IN

W.C.A.NO.172/2006, ON THE FILE OF THE LABOUR OFFICER &

COMMISSIONER    FOR     WORKMEN'S   COMPENSATION,     SUB-

DIVISION-I,   BELLARY    AWARDING    COMPENSATION       OF

RS.1,25,970/- ALONG WITH INTEREST AT THE RATE OF 12%

P.A. FROM THE DATE OF PETITION TILL DEPOSIT.



IN MFA.NO.21022/2010
BETWEEN

THE BRANCH MANAGER,
THE NEW INDIA ASSURANCE CO. LTD.,
BELLARY,
NOW REP. BY ITS DEPUTY MANAGE,
NEW INDIA ASSURANCE CO. LTD.,
REGIONAL OFFICE, 2-B UNITY BUILDING ANNEXES,
MISSION ROAD, BANGALORE-27.
                                               ...APPELLANT
(BY SMT PREETI SHASHANK, ADVOCATE)
                                       3


AND :

1.      SHRI RAVINDRA REDDY S/O VENKATA REDDY,
        AGE 31 YEARS, OCC-EX-DRIVER,
        R/O TORANAGALLU R.S.,
        TAL:SONDUR, DIST:BELLARY.

2.      SHRI K.G.KONDA REDDY S/O VENKATA REDDY,
        AGE -MAJOR, OCC:OWNER OF
        LORRY NO.AP/22-U/4299,
        R/O H.NO.102, BALAJI NAGAR COLONY,
        MEHABOB NAGAR (ANDRA PRADESH STATE).

3.      SHRI MAHAMMAD YUSUF
        S/O MAHAMMAD JAHANGEER,
        AGE -MAJOR, OCC: INSURER OF
        LORRY NO.AP/22-U/4299,
        R/O BHAGATH SINGH NAGAR, VANAPARTHI,
        DIST.MEHABOB NAGAR (ANDRA PRADESH STATE).

                                                           ...RESPONDENTS

(BY SRI MANJUNATH G. PATIL, ADV. FOR RESPONDENT NO.1)
(NOTICE TO RESPONDENT NOS.2 AND 3-HELD SUFFICIENT)

        THIS   M.F.A.    IS   FILED       U/S.30(1)   OF   THE   W.C.ACT,

AGAINST THE JUDGEMENT AND AWARD DATED: 30-10-2009,

PASSED IN WCA NO.173/2006, ON THE FILE OF THE LABOUR

OFFICER & COMMISSIONER FOR WORKMEN'S COMPENSATION,

SUB-DIVISION-I,         BELLARY,   AWARDING           COMPENSATION    OF

RS.88,951/- ALONG WITH INTEREST AT THE RATE OF 12% P.A.

FROM THE DATE OF PETITION TILL DEPOSIT.

        THESE APPEALS ARE COMING ON FOR FINAL HEARING,

THIS DAY, THE COURT DELIVERED THE FOLLOWING:
                                     4


                            JUDGMENT

These two appeals arise out of a claim made

under the Employees Compensation Act, 1923 (for

short, 'the Act').

2. Two claim petitioners were made by the 1 s t

and 2 n d respondents/claimants herein alleging that

the lorry in which they were traveling as driver and

cleaner met with an accident on 07.01.2006, as a

result of which, they suffered grievous injuries. It

was their case that since the accident had occurred

during the course of their employment, they were

entitled to be compensated.

3. The claim was resisted by the Insurance

Company. It was the case of the Insurance

Company that the claimants had not suffered any

injuries at all and this was clear from the statement

given by the claimant-Ravindra Reddy (cleaner)

before the Police Authorities and therefore, the

Commissioner could not have come to the

conclusion that there were grievous injuries

suffered by the claimants resulting in permanent

disability.

4. These appeals were admitted to consider the

following question of law:

"Whether the Commissioner for

Workmen's Comp ensation has perversely

app reciated the evid ence on facts to

award comp ensation to the claimants by

coming to conclusion that they had

suffered partial permanent d isab lement

by ignoring the evid ence of the cleaner,

namely, Ravindra Reddy and Ex.R.3?

5. It is no doubt true that a statement of the

cleaner has been produced at Ex.R.3-2 and a

statement of the owner is produced as Ex.R.3-1.

These statements are stated to have been given to

the Police Authorities and in these statements, it

has been stated that nobody was injured in the

accident. In order to establish the veracity of these

two statements, it was incumbent upon the

Insurance Company to secure the presence of the

officers who had recorded the statements.

Admittedly, no such attempt has been made to

secure the presence of the Police Officer who

recorded the statements.

6. It may be pertinent to state here that the

claimants produced two Wound Certificates issued

by the Medical Officer of the Primary Health Centre,

Toranagallu. The Medical Officer has stated the

following injuries were suffered by the claimant

No.1-Anjappa.

"Tenderness (+) over fracture sited wrist, movements of wrist and forearm are painful, right grip is weak, left quadriceps wasted, knee effusion (+), tenderness (+) over fibular head, knee joint line, knee flexion is painful 135 decree flexion seen Mc murray's grinding test is positive for lateral meniscus.

X-ray right wrist AP & Lat shows old malunited fracture of lower end of radius, x-ray left knee AP & lat shows old

malunited lateral malleous fracture of fibular head."

7. The Medical Officer has stated the following

injuries were suffered by the claimant No.2-

Ravindra Reddy.

"Tenderness (+) over fracture site and rotator cuff, shoulder abduction is 175 degree further abduction is painful, right calf wasted, swelling (+) and acnkle, tenderness (+) over lateral malleous and ankle, movements of ankle and foot are painful, he walks with antalgic giat.

X-ray left clavicle AP & Lat shows old malunited fracture clavicle lateral 1/3, x-

ray left ankle AP & lat shows old malunited lateral malleous fracture with distorted ankle mortis"

8. In view of the fact that a Wound Certificate

has been issued by the Medical Officer of a Primary

Health Centre, it would be improper to come to the

conclusion that claimants did not suffer injuries

merely because a statement was purported to have

been given by them to the Police are produced. The

Wound Certificates are issued by a Government

Doctor narrating the injuries suffered by the

claimants. In my view, the Commissioner has on

appreciation of the Wound Certificates and other

attendant materials has recorded a finding of fact

that accident did occur in which the claimants

suffered injuries.

9. The Tribunal has also taken into

consideration the certificates issued by the

Orthopedic Surgeon, who was examined on behalf of

the claimants to assess the loss of earning capacity.

It is thus clear that the approach of the

Commissioner in coming to the conclusion that there

was an accident and claimants have suffered

injuries cannot be found fault with.

10. It is to be stated here that since there is

clear evidence as per Exs.P.6 and 7, the reliance

placed on a statement given before the Police could

not be a safe parameter and I am therefore of the

view that question of law could have to be answered

against the Insurance Company. These appeals are

therefore dismissed.

SD JUDGE ckk