Karnataka High Court
Smt.Sangeeta W/O Sambaji Koli And Ors vs Shri.Dyaneshwar S/O Balakrishaba ... on 22 November, 2023
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
-1-
NC: 2023:KHC-K:7575
MFA No. 200964 of 2015
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 22ND DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE M.G.S. KAMAL
MISCL. FIRST APPEAL NO.200964/2015(WC)
BETWEEN:
1. SMT. SANGEETA
W/O SAMBAJI KOLI,
AGE: 34 YEARS, OCC: HH WORK,
R/O TIKOTA,
TQ. DIST. BIJAPUR.
2. KUMAR UJWAL
S/O SAMBAJI KOLI,
AGE: 7 YEARS, OCC: STUDENT.
Digitally signed
by LUCYGRACE
3. KUMARI KOMAL
Location: HIGH
COURT OF D/O SAMBAJI KOLI,
KARNATAKA AGE: 5 YEARS, OCC: STUDENT,
APPELLANT NOS. 2 AND 3 ARE
SINCE MINORS, REP/BY THEIR NATURAL
MOTHER - APPELLANT NO.1.
...APPELLANTS
(BY SRI B.K. HIREMATH, ADVOCATE)
-2-
NC: 2023:KHC-K:7575
MFA No. 200964 of 2015
AND:
1. SRI DYANESHWAR
S/O BALAKRISHABA TAJAMPARE,
AGE: MAJOR, OCC: BUSINESS,
R/O CHEKADI, POST PALSE,
TQ. DIST. NASIK (MAHARASHTRA).
2. THE BRANCH MANAGER,
THE UNITED INDIA INSURANCE CO. LTD.,
S.S. FRONT ROAD,
BIJAPUR.
...RESPONDENTS
(BY SRI RAHUL R. ASTURE, ADVOCATE FOR R2
R1-V/O DATED 25.01.2022 NOTICE DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 30(1) OF WC
ACT, PRAYING TO ENHANCE THE COMPENSATION
AMOUNT BY SUITABLY MODIFYING THE JUDGMENT AND
AWARD DATED 30.01.2013 PASSED BY THE MEMBER,
LABOUR OFFICER AND THE COMMISSIONER FOR
WORKMEN'S COMPENSATION, SUB-DIVISION NO.1
BIJAPUR IN W.C.NO.81/2011.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The appellants-claimants are before this Court
aggrieved by the judgment and award dated 30.01.2013
passed in W.C. No.81/2011 on the file of the Labour
NC: 2023:KHC-K:7575
Officer and Court of the Commissioner for Workmen's
Compensation Act, (for short 'Commissioner'), by which,
while partly allowing the claim petition the Commissioner
has awarded compensation of Rs.4,60,425/- with interest
at 12% per annum and has directed respondent No.2 -
Insurance Company to pay the same.
2. Brief facts of the case are that the appellants-
claimants are wife and minor children of the deceased -
Sambaji, who died in a road traffic accident while working
as driver under respondent No.1 - owner of the offending
vehicle. Hence, they filed claim petition before the
Commissioner claiming compensation of Rs.9,00,000/-
with 18% interest per annum. The Commissioner has
assessed the income of the deceased at Rs.5,000/- per
month, applied the applicable factor and awarded the
compensation as above. Seeking enhancement of
compensation, the claimants filed this appeal.
3. The only grievance raised by the appellants in
this appeal is with regard to assessment of monthly
NC: 2023:KHC-K:7575
income of the deceased by the Commissioner at
Rs.5,000/- per month which is apart from being on lower
side, it is contrary to the notification dated 30.05.2010
issued by the Central Government in exercise of its power
under Section 4 (1B) of the Workmen's Compensation Act.
Thus, they submit the order therefore suffers from
illegality.
4. Learned counsel for respondent No.2 -
Insurance Company disputed the fact that as per the
notification issued referred to above the minimum wages
fixed is Rs.8,000/- per month.
5. In view of the above, the only question of law
that arise for consideration is:
Whether the Commissioner is justified in
assessing the income of the deceased at
Rs.5,000/- per month even while the minimum
wages are fixed at Rs.8,000/- per month by the
Central Government under the notification
dated 30.05.2010 referred to above?
6. Since the aforesaid substantial question of law
warrants no deliberation in view of the notification dated
NC: 2023:KHC-K:7575
30.05.2010 issued by the Central Government in exercise
of its power under Section 4(1B) of the Workmen's
Compensation Act, the Commissioner ought to have
assessed the income of deceased at Rs.8,000/- per month
and granted compensation.
7. Calculated as above taking income at
Rs.8,000/- per month the claimant would be entitled for
Rs.7,36,680/- (Rs.8,000/- x 184.17 x 50%) with interest
(excluding interest for the delayed period of 817 days) as
against Rs.4,60,425 awarded by the Commissioner.
8. The appeal is partly allowed. The judgment and
award passed by the Commissioner is modified
accordingly. The substantial question of law is answered
accordingly.
Sd/-
JUDGE
SBS
