Karnataka High Court
Adiveppa S/O Sheshappa Pujeri vs Fakirappa S/O Basappa Jedar on 21 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2023:KHC-D:15003
MFA No. 103501 of 2016
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 21ST DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.103501/2016(WC)
BETWEEN:
SHRI ADIVEPPA
S/O SHESHAPPA PUJERI,
AGE: 35 YEARS, OCC: COOLIE,
NOW NIL, R/O SOMANATTI,
TQ: BAILHONGAL, DIST: BELAGAVI.
...APPELLANT
(BY SRI HANAMANT R. LATUR, ADVOCATE)
AND:
1. SHRI FAKIRAPPA S/O. BASAPPA JEDAR,
AGE: 40 YEARS, OCC: AGRICULTURE,
R/O: JALIKOPPA, NOW RESIDENT
AT GARJUR, TQ: BAILHONGAL,
DIST: BELAGAVI.
Digitally 2. THE MANAGER
signed by
ROHAN UNITED INDIA INSURANCE CO., LTD.,
HADIMANI GANAPAT KRUPA 614/C/A, E-WARD,
T 1ST LANE SHAHAPURI, KOLHAPUR,
RPTD. BY THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
MARUTI GALLI, BELAGAVI.
....RESPONDENTS
(BY SRI M.Y.KATAGI, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S. 30(1) OF THE EMPLOYEES
COMPENSATION ACT, AGAINST THE JUDGMENT AND AWARD
DATED:22.08.2016, PASSED IN ECA.NO.52/2014, ON THE FILE OF
THE SENIOR CIVIL JUDGE & COMMISSIONER UNDER EMPLOYEES
COMPENSATION ACT, BAILHONGAL, PARTLY ALLOWING THE CLAIM
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NC: 2023:KHC-D:15003
MFA No. 103501 of 2016
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR
JUDGMENT ON 08.11.2023, COMING ON FOR PRONOUNCEMENT OF
JUDGMENT THIS DAY THE COURT DELIVERED THE
FOLLOWING JUDGMENT.
JUDGMENT
This appeal is filed by the claimant challenging the
judgment and award dated 22.08.2016 passed in
ECA.No.52/2014 by the Court of Senior Civil Judge &
Commissioner, Bailhongal, for seeking enhancement of
compensation.
2. Heard the arguments from both sides and
perused the material placed before the Court.
3. The occurrence of accident, injuries sustained
by the claimant, coverage of insurance are not in dispute
in this case.
NC: 2023:KHC-D:15003
4. The claim petition filed by the claimant under
the provisions of Employee's Compensation Act for having
sustained employment injuries during out of and in the
course of employment was partly allowed by granting
compensation of Rs.2,49,730/- by holding the monthly
wage as Rs.4,000/-. The accident was occurred on
07.02.2012. The claimant has suffered fracture of left L/3rd
humorous of shaft and fracture of right tibial spine and
other injuries. As per the evidence of doctor, the claimant
has suffered disability at 35% to the left upper limb and
30% to the right lower limb. The Commissioner has taken
the permanent partial disability at 45%, which is found to
be correct. The claimant was aged 33 years, therefore, the
applicable relevant factor is 201.66. The accident is caused
on 07.02.2012. Therefore, the monthly wage is taken at
Rs.8,000/- p.m. Hence, the compensation under the head
loss of earning capacity due to disability is hereby re-
assessed and quantified as follows:
Rs.8,000/- x 60% x 201.66 x 45% = Rs.4,35,586/-
NC: 2023:KHC-D:15003
Accordingly, compensation of Rs.4,35,586/- is
awarded under the head loss of earning capacity due to
disability.
5. The compensation of Rs.32,730/- awarded by
the Commissioner under the head medical expenses is
found to be just and proper and it is kept in tact.
6. Thus, the claimant is entitled to total
compensation under various heads as follows:
Sl. Heads. Amount in
No. (Rs.)
1. Loss of earning capacity due to 4,35,586/-
disability
2. Medical expenses 32,730/-
Total: 4,68,316/-
7. Therefore, the claimant is entitled for total
compensation of Rs.4,68,316/- along with interest at the
rate of 12% p.a., from the date of accident till realization,
as against Rs.2,49,730/- awarded by the Commissioner.
NC: 2023:KHC-D:15003
The respondents are directed to deposit the compensation
within eight weeks from the date of receipt of a certified
copy of this judgment.
8. In the result, I proceed to pass the following:
ORDER
i) The appeal is allowed in part.
ii) The judgment and award dated
22.08.2016 passed in
ECA.NO.52/2014 by the Court of
Senior Civil Judge & Commissioner,
Bailhongal, stands modified.
iii) The claimant is entitled for total
compensation of Rs.4,68,316/-
along with interest at the rate of
12% p.a., from the date of accident
till realization.
iv) The respondents are directed to
deposit the compensation within
eight weeks from the date of receipt
of a certified copy of this judgment
NC: 2023:KHC-D:15003
v) No order as to costs.
vi) Draw award accordingly.
SD/-
JUDGE
PB
