Karnataka High Court
Smt.Renuka W/O Bhimasheppa @ ... vs Shri.Krishnappa S/O Shankarappa ... on 6 January, 2023
Bench: Ravi V.Hosmani
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MFA No. 102985 of 2015
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 6TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE RAVI V.HOSMANI
MISCELLANEOUS FIRST APPEAL NO. 102985 OF 2015 (WC-)
BETWEEN:
SMT.RENUKA W/O BHIMASHEPPA @ BHIMASHI MARAGI
AGE:44 YEARS
OCCC:HOUSEHOLD WORK
R/O:SULEBHAVI, DIST:BELAGAVI.
...APPELLANT
(BY SRI. UMESH C AINAPUR, ADVOCATE)
AND:
1. SHRI.KRISHNAPPA S/O SHANKARAPPA BENAKATTI
AGE:MAJOR, OCC:BUSINESS
R/O:H.NO.59, RUKMINI NAGAR
M M EXTENSION
BELAGAVI TALUK AND DISTRICT
(OWNER OF TATA ACE NO KA-22/B-8909)
2. ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY
LIMITED
Digitally
signed by
ANNAPURNA
D.B.PLAZA, 3RD FLOOR, 47 WHITES ROAD
CHINNAPPA
DANDAGAL CHENNAI, TAMILNADU-600014.
ANNAPURNA Location: High
CHINNAPPA court of
DANDAGAL Karnataka,
Dharwad
Bench,
Dharwad (CERTIFIED CUM POLICY NO TQQ1055356)
Date:
2023.01.17
10:59:00 -0800
(VALID FROM 22.04.2013 TO 21.04.2014)
...RESPONDENTS
(BY SRI. ANUSHA FOR SRI.S.K.KAYAKAMATH, ADVOCATE FOR R2; R1
SERVED)
THIS MFA IS FILED U/SEC.30(1) OF THE EMPLOYEES
COMPENSATION ACT 1923, AGAINST THE ORDER DTD:08.07.2015
PASSED IN ECA NO.513/2014 ON THE FILE OF THE II ADDITIONAL
SENIOR CIVIL JUDGE AND COMMISSIONER FOR WORKMEN'S
COMPENSATION BELAGAVI, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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MFA No. 102985 of 2015
JUDGMENT
Challenging impugned judgment and award dated 08.07.2015
passed by II Additional Senior Civil Judge and Commissioner for
Workmen's Compensation, Belagavi at Belagavi, in ECA
No.513/2014 (hereinafter referred to as 'Commissioner' for short),
this appeal is filed by workman for enhancement of compensation.
2. Brief facts as stated are that Sri. Maruti S/o Bhimashappa
Maragi (hereafter referred to as 'workman') was stated to be working
as driver in Tata Ace vehicle bearing registration No.KA-22/B-8909
belonging to Sri.Krishnappa S/o of Shankrappa Benakatti,
(hereinafter referred to as 'employer') insured with Royal Sundaram
Alliance Insurance Company Limited (hereinafter referred to as
'insurer'). It was stated that while Maruti was driving vehicle on
05.10.2013 as per instructions of employer, it met with an accident
on Belagavi-Bagalkot road, near Karadiguddi village. In said
accident, he died on spot. His mother filed application under Section
22 of Workmen's Compensation Act, 1923, against employer and
insurer for compensation.
3. On contest, Commissioner held relationship between
workman and employer was proved, accident in question arose
during course of employment and out of employment and claimant
MFA No. 102985 of 2015
was entitled for compensation and passed award. Seeking for
enhancement of compensation workman is in appeal.
4. Sri. Umensh C. Ainapur, learned counsel for workman
submitted that solitary ground for enhancement was that as on date
of accident, workman was earning more than Rs.10,000/- per month
apart from Rs.100/- as bhatta per day. However, Commissioner
while assessing income has taken it at Rs.5,000/- on notional basis
even after recording a finding that deceased was a skilled worker.
5. On other hand, Smt.Anusha, advocate appearing for Sri.
S.K.Kayakamath, learned counsel for insurer supported award and
opposed enhancement.
6. Heard learned counsel for appellant and learned counsel for
respondents.
7. From above submission, only substantial question of law that
would arises for consideration is:
"Whether assessment of monthly income at Rs.5,000/- by
Commissioner was justified with reference to evidence on
record?."
8. Insofar as monthly income, indeed claimant has clearly
asserted that deceased was earning Ra.10,000/- per month as
MFA No. 102985 of 2015
wages and Rs.100/- per day as bhatta. But, as noted by
Commissioner, except her oral evidence, there is no other proof to
substantiate same. Under circumstance, Commissioner has resorted
to assessment on notional terms. Notional income for year 2013 as
per norms for settlement of cases before Lok Adalath is Rs.7,000/-.
Since in instant case, it is found by Commissioner that workman was
a skilled worker and there is claim of receipt of bhatta apart from
wages, it would not be justified in considering his monthly income at
Rs.5,000/-. It would be appropriate to take it at Rs.8,000/- per
month.
9. Proper factor corresponding to age of deceased i.e. 26 years
is 215.28. Thus, loss of dependency would be as follows:
Rs.8,000 x 50% x 215.28= Rs.8,61,120/-
10. Thus, substantial question of law is answered as
above in favour of workman. Consequently, following:
ORDER:
i) Appeal is allowed with costs.
ii) Compensation is enhanced from Rs.5,42,500/- to
Rs.8,61,120/- .
MFA No. 102985 of 2015
iii) Insurer is directed to deposit same with interest at rate of
12% per annum from after one month after accident till deposit.
Sd/-
JUDGE
AC,VMB
