Karnataka High Court
The Divisional Manager vs Shri Dastagir Kutubuddin Pathan on 14 March, 2022
Bench: N.S.Sanjay Gowda
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 14 T H DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA
M.F.A. No.102415 OF 2017
C/w.
M.F.A. No.102111 OF 2017
IN M.F.A. No. 102415/2017
BETWEEN:
THE DIVISIONAL MANAGER,
THE NATIONAL INSURANCE CO. LTD.,
BY ITS D.O. RAMDEV GALLI,
BELAGAVI-590001, REPRESENTED BY ITS,
ADMINISTRATIVE OFFICER.
... APPELLANT
(BY SRI. SURESH S. GUNDI, ADVOCATE)
AND:
1. SHRI. DASTAGIR KUTUBUDDIN PATHAN
AGE: 37 YEARS, OCC: DRIVER, NOW NIL,
R/O: SHINDOLLI,
TQ. AND DIST. BELAGAVI-590003.
2. SMT. JAYALAXMI W/O. JANARDHAN BHAT
AGE: MAJOR, OCC: BUSINESS,
R/O: H.NO.4859/B-52, 7TH CROSS,
III MAIN, SADASHIV NAGAR,
BELAGAVI-590001.
... RESPONDENTS
(BY SRI. SUBHASH J. BADDI, ADV. FOR R1;
R2- SERVED AND UNREPRESENTED)
-2-
MFA No. 102415 of 2017
C/W MFA No. 102111 of 2017
THIS APPEAL IS FILED UNDER SECTION 30(1) OF THE
EMPLOYEES COMPENSATION ACT, AGAINST THE JUDGMENT AND
AWARD DATED 08.05.2017, PASSED IN E.C.A. NO.86/2015, ON THE
FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL
MAGISTRATE AND COMMISSIONER FOR EMPLOYEES
COMPENSATION, BELAGAVI, AWARDING THE COMPENSATION OF
RS.2,05,700/-, ALONG WITH INTEREST AT THE RATE OF 9% PER
ANNUM FROM THE DATE OF PETITION TILL REALIZATION.
IN M.F.A. No. 102111/2017
BETWEEN:
SHRI. DASTAGIR KUTUBUDDIN PATHAN
AGE: 37 YEARS, OCC: DRIVER NOW NIL,
R/O. SHINDOLLI, TQ. AND DIST. BELAGAVI,
PIN CODE-591124.
... APPELLANT
(BY SRI. SUBHASH J. BADDI, ADVOCATE)
AND:
1. SMT. JAYALAXMI W/O. JANARDHAN BHAT
AGE: MAJOR, OCC: BUSINESS,
R/O: H.NO.4859/B-52, 7TH CROSS,
III MAIN, SADASHIV NAGAR,
BELAGAVI-590001.
2. THE DIVISIONAL MANAGER,
THE NATIONAL INSURANCE CO. LTD.,
BY ITS D.O. RAMDEV GALLI,
BELAGAVI-590001.
... RESPONDENTS
(BY SRI. SURESH S. GUNDI, ADV. FOR R2;
R1- NOTICE DISPENSED WITH)
THIS APPEAL IS FILED UNDER SECTION 30(1) OF THE
EMPLOYEES COMPENSATION ACT, AGAINST THE JUDGMENT AND
AWARD DATED 08.05.2017, PASSED IN E.C.A. NO.86/2015, ON THE
-3-
MFA No. 102415 of 2017
C/W MFA No. 102111 of 2017
FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL
MAGISTRATE AND COMMISSIONER FOR EMPLOYEES
COMPENSATION, BELAGAVI, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THESE APPEALS ARE COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
M.F.A. No.102415/2017 is filed by the Insurance
Company. M.F.A. No.102111/2017 is filed by the employee.
2. In the appeal filed by the Insurance Company, it is
contended that a sum of Rs.50,000/- awarded towards
disability and a sum of Rs.20,000/- awarded towards future
medical expenses, could not have been granted under the
provisions of the Employee's Compensation, Act.
3. In the appeal filed by the employee, it is contended
that the loss of earning capacity would have to be calculated
atleast at 25% and compensation should be awarded
accordingly.
MFA No. 102415 of 2017
C/W MFA No. 102111 of 2017
4. In this case, the occurrence of the accident is not in
dispute and the fact that the accident occurred arising out of
the use of motor vehicle which was insured, is also not in
dispute.
5. The Commissioner has come to the conclusion that
the claimant did not lose his job and therefore, there was no
loss of future income, but nevertheless, it has awarded
Rs.50,000/- towards disability and sum of Rs.25,000/- towards
future medical expenses. The Commissioner has also awarded
a sum of Rs.1,35,680/- towards medical expenses. In all a
sum of Rs.2,05,700/- is awarded.
6. Though the Commissioner could not have awarded
a sum of Rs.50,000/- towards disability and Rs.25,000/-
towards future medical expenses, in my view, having regard to
the peculiar facts and circumstances and having regard to the
fact that the claimant has suffered 30% disability towards right
upper limb, the award of a minor sum of Rs.50,000/- does not
call for any interference. Similarly, award of Rs.30,000/-
MFA No. 102415 of 2017
C/W MFA No. 102111 of 2017
towards future medical expenses being a minor sum does not
call for any interference.
7. In my view, no question of law as such arises for
consideration in this appeal and having regard to the small
sums awarded towards disability and future medical expenses,
the appeal of the Insurance Company is dismissed.
8. As far as the appeal of the employee is concerned,
there is no evidence regarding loss of future earning capacity
and in the light of the fact that the employee has been
continued in his employment, there is no merit in this appeal
as regards loss of future income.
9. However, the Commissioner has committed an
error in awarding interest at the rate of 9% per annum from
the date of the accident. An employee under the Act would be
entitled to the interest at the rate of 12% per annum from the
expiry of 30 days of the accident and to that extent, the award
shall stand modified.
MFA No. 102415 of 2017
C/W MFA No. 102111 of 2017
10. Thus, the claimant would be entitled to a sum of
Rs.2,07,500/- with interest at the rate of 12% per annum from
27.11.2015 till the date of payment. If any sum is already paid
by the Insurance Company, the same would have to be
deducted from the award amount.
11. In view of the above, I pass the following:
ORDER
(i) M.F.A.No.102415/2017 filed by the
Insurance Company is dismissed,
(ii) M.F.A.No.102111/2017 filed by the
claimant is allowed in part,
(iii) The Judgment and Award dated
08.05.2017 passed in ECA No.86/2015,
on the file of the Prl. Senior Civil Judge
and Chief Judicial Magistrate and
Commissioner for Employees
Compensation, Belagavi, is hereby
modified. The claimant is entitled to a
total compensation of Rs.2,07,500/- as
MFA No. 102415 of 2017
C/W MFA No. 102111 of 2017
against the sum of Rs.2,05,700/-
awarded by the Tribunal. The enhanced
compensation of Rs.2,200/- shall carry
interest @ 12% p.a. from 27.11.2015 till
the date of payment.
(iv) The Insurance Company/2nd respondent
is directed to deposit the enhanced
compensation after deducting the
compensation already paid within a
period of 90 days from the date of
receipt of certified copy of this
judgment,
(v) The amount awarded shall be disbursed
in the same terms as that imposed by
the Tribunal.
Sd/-
JUDGE
SMM
