Karnataka High Court
K Sharmas @ Khan Sharmas vs M/S Badave Engg. Ltd on 29 November, 2023
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2023:KHC:43145
MFA No. 484 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 484 OF 2021 (ECA)
BETWEEN:
K SHARMAS @ KHAN SHARMAS
S/O GOUSPEER SAHEB
AGED 32 YEARS
R/AT MABUSUBANI, DARGA MOKA
BELLARI
NOW R/AT BELLUR VILLAGE
KOLAR TALUK AND DISTRICT-563101.
...APPELLANT
(BY MISS. SWATHI G HEGDE, ADVOCATE FOR
SRI. PAVANA CHANDRA SHETTY H.,ADVOCATE)
AND:
1. M/S BADAVE ENGG. LTD.,
PLOT NO.0.207-210 KIDB
Digitally signed NARASAPURA INDL.AREA
by KOLAR TALUK AND DISTRICT-563101.
DHANALAKSHMI
MURTHY
Location: High 2. M/S NATIONAL INSURANCE CO. LTD.,
Court of NEAR CANARA BANK
Karnataka DOOM LIGHT CIRCLE
KOLAR-563101
REP BY ITS BRANCH MANAGER.
...RESPONDENTS
(BY SMT. MANJULA N TEJASWI., ADVOCATE FOR R2:
NOTICE TO R1 IS DISPENSED WITH
V/O DATED: 08.07.2022)
THIS MFA IS FILED UNDER SECTION 30(1) OF
EMPLOYEES COMPENSATION ACT, AGAINST THE JUDGMENT
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NC: 2023:KHC:43145
MFA No. 484 of 2021
AND AWARD DATED 14.03.2019 PASSED IN ECA.NO.
13/2016 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL
JUDGE, KOLAR, 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:
JUDGMENT
1. This appeal under Section 30(1) of Employees
Compensation Act, 1923 (hereinafter referred to as 'the
Act') has been filed by the claimant being aggrieved by the
judgment dated 14.3.2019 passed by I Addl. Senior Civil
Judge, Kolar in ECA No.13/2016.
2. Facts giving rise to the filing of the appeal briefly
stated are that on 18.1.2016 when the claimant was
working as a helper in production department in
respondent No.1's factory, at that time, he met with an
accident and sustained crush injury to left index finger and
amputation was done. The claimant filed a petition seeking
compensation. It was pleaded that he spent huge amount
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towards medical expenses, conveyance charges, etc. It
was further pleaded that the accident occurred while he
was on duty and working as per the instructions of
respondent No.1.
3. On service of notice, the respondents through
counsel and only respondent No.2 filed written statement
in which the averments made in the petition were denied.
4. On the basis of the pleadings of the parties, the
Claims Tribunal framed the issues and thereafter recorded
the evidence. The claimant himself was examined as PW-1
and and got exhibited documents namely Ex.P1 to Ex.P11.
On behalf of the respondents, one witness was examined
as RW-1 and got exhibited documents namely Ex.R1. The
Claims Tribunal, by the impugned judgment, inter alia,
held that the claimant was an employee under respondent
No.1 and he sustained injuries during the course of his
employment. The Tribunal further held that the claimant is
entitled to a compensation of Rs.128,537/- along with
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interest at the rate of 12% p.a. and directed the Insurance
Company to deposit the compensation amount along with
interest. Being aggrieved, the present appeal has been
filed.
5. The learned counsel for the claimant has contended
that due to the accident, the claimant has suffered crush
injury to left index finger and the same has been amputed.
The disability assessed by the Tribunal at 11% is on the
lower side. She further contended that the overall
compensation awarded by the Tribunal is on the lower
side. Hence, she sought for allowing the appeal.
6. On the other hand, the learned counsel for the
Insurance Company has contended that injury sustained
by the claimant is minor in nature and the index finger is
amputed only by 1½ inch. As per schedule-II mentioned in
the Act, the disability has been rightly taken by the
Tribunal and awarded just and reasonable compensation.
Moreover, there is no substantial question that arises for
consideration in this appeal. The claimant has not made
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out a case for admitting the appeal. Hence, she sought for
dismissal of the appeal.
7. Heard the learned counsel for the parties and
perused the records.
8. It is not in dispute that the claimant sustained
injuries during the course of his employment while he was
working as helper under respondent No.1. There is no
dispute regarding employer and employee relationship
between respondent No.1 and claimant.
9. The claimant has sustained injury to left index finger
and the said finger has been amputed by 1½ inch. As per
Schedule-II of the Act, the Tribunal has rightly taken the
disability at 11% and income at Rs.8,000/- p.m. and
accordingly, awarded just and reasonable compensation.
There is no error in the judgment and award passed by the
Tribunal. There is no substantial question of law that
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arises for consideration in this appeal. Hence, the appeal
deserves to be dismissed.
10. Accordingly, the appeal is dismissed. The impugned
judgment and award passed by the Tribunal is confirmed.
Sd/-
JUDGE
DM
