Karnataka High Court
Hanamant S/O Pakirappa Sogalad vs Ravi S/O Revappa Jakati on 21 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2023:KHC-D:15004
MFA No. 103521 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.103521/2016(WC)
BETWEEN:
SHRI HANAMANT
S/O PAKIRAPPA SOGALAD,
AGE: 29 YEARS, OCC: DRIVER, NOW NIL,
R/O: DEVALAPUR, TQ: BAILHONGAL,
DIST: BELAGAVI.
...APPELLANT
(BY SRI HANAMANT R. LATUR, ADVOCATE)
AND:
1. RAVI
S/O REVAPPA JAKATI,
AGE: 40 YEARS, OCC: BUSINESS,
R/O: INCHAL, TQ: SAUNDATTI,
DIST: BELAGAVI.
VIJAYALAKSHMI
M KANKUPPI
2. THE BRANCH MANAGER,
Digitally signed by
VIJAYALAKSHMI M
KANKUPPI
ORIENTAL INSURANCE CO.LTD.,
Date: 2023.12.22
11:20:41 +0530
ENKAY COMPLEX, 2ND FLOOR,
KESHWAPUR CIRCLE, OPP: FATIMA COLLAGE,
HUBBALLI-580 020, THROUGH,
ITS DIVISIONAL OFFICE,
CLUB ROAD, 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:24.06.2016, PASSED IN ECA.NO.60/2014, ON THE FILE OF
THE SENIOR CIVIL JUDGE & COMMISSIONER UNDER EMPLOYEES
COMPENSATION ACT, BAILHONGAL, PARTLY ALLOWING THE CLAIM
-2-
NC: 2023:KHC-D:15004
MFA No. 103521 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 24.06.2016 passed in
ECA.No.60/2014 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:15004
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.1,16,296/- by holding the monthly
wage as Rs.4,000/-. The accident was occurred on
22.06.2013. The claimant has suffered mal-united fracture
of L-3 vertebrae transverse process, mal-united fracture of
cuboid of left foot and mal-united fracture of glenoid neck
of scapula of left. As per the evidence of doctor, the
claimant has suffered disability at 10% to whole body for
fracture of vertebrae, 20% to left lower limb and 20% of
left lower limb. The Commissioner has taken the physical
disability at 20%, which is not correct. Considering the
nature of injuries sustained by the claimant, physical
disability is taken at 30%. The claimant was aged 33
years, therefore, the applicable relevant factor is 201.66.
The accident is caused on 22.06.2013. Therefore, the
monthly wage is taken at Rs.8,000/- p.m. Hence, the
compensation under the head loss of earning capacity due
NC: 2023:KHC-D:15004
to disability is hereby re-assessed and quantified as
follows:
Rs.8,000/- x 60% x 201.66 x 30% = Rs.2,90,390/-
Accordingly, compensation of Rs.2,90,390/- is
awarded under the head loss of earning capacity due to
disability.
5. The compensation of Rs.19,500/- 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 2,90,390/-
disability
2. Medical expenses 19,500/-
Total: 3,09,890/-
NC: 2023:KHC-D:15004
7. Therefore, the claimant is entitled for total
compensation of Rs.3,09,890/- along with interest at the
rate of 12% p.a., from the date of accident till realization,
as against Rs.1,16,296/- awarded by the Commissioner.
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
24.06.2016 passed in
ECA.No.60/2014 by the Court of
Senior Civil Judge & Commissioner,
Bailhongal, stands modified.
iii) The claimant is entitled for total
compensation of Rs.3,09,890/-
along with interest at the rate of
NC: 2023:KHC-D:15004
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
v) The claimant is not entitled for
interest for the delay period of 50
days in filing the appeal.
vi) No order as to costs.
vii) Draw award accordingly.
Sd/-
JUDGE
PB
