Karnataka High Court
Smt.Gangawwa vs Shri.Shivaprabhu on 21 December, 2023
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2023:KHC-D:15006
MFA No. 103578 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.103578/2016(WC)
BETWEEN:
1. SMT.GANGAWWA
W/O. MALLESHAPPA PENTED,
AGE: 44 YEARS, OCC:
HOUSEWIFE,
R/O: SUTAGATTI, TQ:
SAUNDATTI,
DIST: BELAGAVI.
2. SHRI MALLESHAPPA
S/O. SANGLEPPA PENTED,
AGE: 52 YEARS, OCC: NIL,
R/O: SUTAGATTI, TQ:
SAUNDATTI,
DIST: BELAGAVI.
...APPELLANTS
Digitally signed
(BY SRI HANAMANT R. LATUR, ADVOCATE)
by
VIJAYALAKSHMI VIJAYALAKSHMI
M KANKUPPI M KANKUPPI
Date: 2023.12.22
11:21:19 +0530
AND:
1. SHRI.SHIVAPRABHU S/O. RAVINDRA KABBUR,
AGE: 50 YEARS, OCC: BUSINESS,
R/O: KARIKATTI, TQ: SAUNDATTI,
DIST: BELAGAVI.
2. THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO. LTD.,
RAMDEV GALLI, BELAGAVI.
...RESPONDENTS
(BY SRI GANGADHAR S. HOSAKERI, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH )
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NC: 2023:KHC-D:15006
MFA No. 103578 of 2016
THIS MFA IS FILED U/S.30(1) OF THE EMPLOYEES
COMPENSATION ACT, AGAINST THE JUDGMENT AND AWARD
DATED:12.07.2016, PASSED IN ECA.NO.63/2014, ON THE FILE OF
THE SENIOR CIVIL JUDGE & COMMISSIONER UNDER EMPLOYEES
COMPENSATION ACT, BAILHONGAL, PARTLY ALLOWING THE CLAIM
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 claimants challenging the
judgment and award dated 12.07.2016 passed in
ECA.No.63/2014 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, death of the
deceased, coverage of insurance are not in dispute in this
case.
NC: 2023:KHC-D:15006
4. The claim petition filed by the claimants before
the learned Commissioner for grant of compensation on
the ground of death of the deceased during out of and in
the course of employment was partly allowed by granting
compensation of Rs.4,50,420/- along with interest at the
rate of 12% p.a., after thirty days from the date of order.
5. The accident was occurred on 09.03.2014. The
deceased was a cleaner in the offending TATA Maxi Cab.
The learned Commissioner has taken the monthly wages
of the deceased at Rs.4,000/-. As the accident was caused
in the year 2014, the monthly wage is taken at Rs.8,000/-
. As the deceased was aged 21 years, the relevant factor
applicable is 222.71. Therefore, the compensation under
the head loss of dependency is hereby re-assessed and
quantified as follows:
Rs.8,000/- x 50% x 222.71 = Rs.8,90,840/-
Accordingly, compensation of Rs.8,90,840/- is
awarded under the head loss of dependency.
NC: 2023:KHC-D:15006
6. The compensation of Rs.5,000/- awarded by the
Commissioner under the head Expenditure towards funeral
and other expenses is found to be just and proper and it is
kept in tact.
7. Thus, the claimants are entitled to total
compensation under various heads as follows:
Sl. Heads. Amount in
No. (Rs.)
1. Loss of dependency 8,90,840/-
2. Expenditure towards funeral 5,000/-
and other expenses
Total: 8,95,840/-
8. Therefore, the claimants are entitled for total
compensation of Rs.8,95,840/- along with interest at the
rate of 12% p.a., from the date of accident till realization,
as against Rs.4,50,420/- awarded by the learned
Commissioner. The Insurance Company is directed to
NC: 2023:KHC-D:15006
deposit the compensation within eight weeks from the
date of receipt of a certified copy of this judgment.
9. In the result, I proceed to pass the following:
ORDER
i) The appeal is allowed in part.
ii) The judgment and award dated
12.07.2016 passed in
ECA.No.63/2014 by the Court of
Senior Civil Judge & Commissioner,
Bailhongal, stands modified.
iii) The claimants are entitled for total
compensation of Rs.8,95,840/-
along with interest at the rate of
12% p.a., from the date of accident
till realization.
iv) The Insurance Company is directed
to deposit the compensation within
eight weeks from the date of receipt
of a certified copy of this judgment
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v) The claimants are not entitled for
interest for the delay period of 36
days in filing the appeal.
vi) No order as to costs.
vii) Draw award accordingly.
Sd/-
JUDGE
PB
