Karnataka High Court
Smt. Yashemeenbanu vs Shri. Subaraya S/O Nagappa Pai on 6 September, 2022
Bench: H.P.Sandesh
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MFA No. 103337 of 2016
C/W MFA No. 102691 of 2017
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 6TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO.103337/2016 (WC)
CONNECTED WITH
MISCELLANEOUS FIRST APPEAL NO.102691/2017 (WC)
IN MFA No.103337/2016
BETWEEN:
NEW INDIA ASSURANCE CO. LTD.
DIVISIONAL OFFICE,
CLUB ROAD, BELAGAVI,
HEREIN REPRESENTED BY
NEW INDIA ASSURANCE CO. LTD.,
REGIONAL OFFICE,
MOTOR THIRD PARTY
HUB OFFICE, SRINATH COMPLEX,
2ND FLOOR, NEW COTTON MARKET,
HUBBALLI-580029,
REPRESENTED BY ITS
DULY CONSTITUTED ATTORNEY.
... APPELLANT
(BY SRI. R R MANE, ADVOCATE)
Digitally signed
by J MAMATHA
J Location:
Dharwad
AND:
MAMATHA Date:
2022.09.09
11:13:36 +0530
1. SMT.YASHEMEENBANU
W/O NASIRAHMED NADAF,
AGE: 36 YEARS, OCC: HOUSEHOLD,
R/O: BEEDI, TQ: KHANAPUR,
DIST: BELAGAVI-591106.
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MFA No. 103337 of 2016
C/W MFA No. 102691 of 2017
2. KUMAR SAHIM MOHAMMED
S/O NASIRAHMED NADAF,
AGE: 17 YEARS, OCC: STUDENT,
R/O: - DO -
3. KUMARI.SAMEE
D/O NASIRAHMED NADAF,
AGE: 16 YEARS, OCC: STUDENT,
R/O: - DO -
RESPONDENT Nos.2 AND 3 BEING MINORS, THEY
ARE REP. BY THEIR NATURAL GUARDIAN MOTHER
RESPONDENT No.1 HEREIN.
4. SHRI.SUBARAYA S/O NAGAPPA PAI,
AGE: MAJOR,
OCC: TRANSPORT BUSINESS,
PARTNER OF M/S.N.S. PAI and SONS,
PAI CHAMBERS, DHARWAD ROAD,
BELAGAVI-590016.
...RESPONDENTS
(BY SRI SANJAY S KATAGERI, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 30(1) OF
EMPLOYEES' COMPENSATION ACT, 1923 AGAINST THE
JUDGMENT AND AWARD DATED 08.08.2016 PASSED IN ECA
NO.333/2014 BY THE II ADDITIONAL SENIOR CIVIL JUDGE
AND COMMISSIONER FOR WORKMENS COMPENSATION,
BELAGAVI AND ETC.
IN MFA No.102691/2017
BETWEEN:
1. SMT.YASHEMEENBANU
W/O NASIRAHMED NADAF,
AGE: 33 YEARS, OCC: HOUSEHOLD
-3-
MFA No. 103337 of 2016
C/W MFA No. 102691 of 2017
2. KUMAR SAHIM MOHAMMED
S/O NASIRAHMED NADAF,
AGE: 14 YEARS, OCC: STUDENT,
REP. BY A1
3. KUMARI.SAMEE
D/O NASIRAHMED NADAF,
AGE: 13 YEARS, OCC: STUDENT,
REP BY A1
ALL ARE R/AT BEEDI, TQ. KHANAPUR
DIST. BELAGAVI-591302
... APPELLANTS
(BY SRI SANJAY S KATAGERI, ADVOCATE)
AND:
1. SHRI.SUBARAYA S/O NAGAPPA PAI,
AGE: MAJOR,
OCC: TRANSPORT BUSINESS,
PARTNER OF M/S.N.S. PAI and SONS,
PAI CHAMBERS, DHARWAD ROAD,
BELAGAVI-590003.
2. THE NEW INDIA ASSURANCE CO. LTD.
DIVISIONAL OFFICE,
CLUB ROAD, BELAGAVI-590002
BY ITS DIVISIONAL MANAGER,
...RESPONDENTS
(BY SRI. PRATIK SHIRPURKAR, ADVOCATE FOR R1;
SRI RAVINDRA R MANE, ADVOCATE FOR R2)
THIS MFA IS FILED UNDER SECTION 30(1) OF
EMPLOYEES' COMPENSATION ACT, 1923 AGAINST THE
JUDGMENT AND AWARD DATED 08.08.2016 PASSED IN ECA
NO.333/2014 BY THE II ADDITIONAL SENIOR CIVIL JUDGE
AND COMMISSIONER FOR WORKMENS COMPENSATION,
BELAGAVI AND ETC.
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MFA No. 103337 of 2016
C/W MFA No. 102691 of 2017
THESE APPEALS COMING ON FOR ORDERS THIS DAY,
THE COURT DELIVERED THE FOLLOWING.
JUDGMENT
These two appeals are filed by the claimant as well as the
insurance company challenging the judgment and award dated
08.08.2016 passed in ECA No.333/2014 by the II Additional
Senior Civil judge and commissioner for Workmens
Compensation, Belagavi.
2. The factual matrix of the case of the claimants
before the Tribunal is that one Nasirahmed was working as a
driver and he succumbed to the injuries on account of the
accident and he was earning Rs.6,000/- per month and bata of
Rs.100/- per day hence, the claim was made before the
Workmens Compensation Commission and the said Commission
having considered the material on record taken the income of
Rs.6,500/- per month and also considered the relevant factors
and awarded the compensation of Rs.6,11,070/- and also
awarded an amount of Rs.5,000/- towards funeral expenses.
MFA No. 103337 of 2016
C/W MFA No. 102691 of 2017
3. The counsel for the insurance company has
contended that the income taken by the Commission as
Rs.6,500/- is on higher side and statute only says that it would
be Rs.4,000/- and hence, it requires interference of this Court.
The counsel further submits that the claimant is entitled for an
amount Rs.2,500/- as per the statute on other heads.
4. Per contra, the counsel for the claimant would
vehemently content that in the year 2009, the income would be
more and though it is not enhanced, the Tribunal has taken
Rs.6,500/- considering the wages of other avocation and also
expenses of a driver. Hence, it does not require any
interference.
5. Having considered the income as Rs.4,000/- p.m.
as per statute and considering 50% in a case of death as per
the Employees Compensation Act and applying the factors of
189.56, it comes to Rs.3,79,120 (4,000 x 50% x 189.56) and
apart from that the amount of Rs.2,500/- has to be added as
per the statute for other heads. Hence, the claimant is entitled
for Rs.3,81,620 with interest at the rate of 12% after 30 days
of the accident till the date of deposit of the amount.
MFA No. 103337 of 2016
C/W MFA No. 102691 of 2017
6. In view of the discussions made above, I pass the
following:
ORDER
The appeal filed by the insurance company in MFA
No.103337/2016 is allowed.
The impugned judgment and award dated 08.08.2016
passed in ECA No.333/2014 by the II Additional Senior Civil
judge and commissioner for Workmens Compensation, Belagavi
is modified reducing the compensation of Rs.3,81,620/- as
against 6,11,070/-.
The appeal filed by the claimant is dismissed.
The insurance company is entitled for refund of the
excess amount if any.
(Sd/-)
JUDGE
SN
