Karnataka High Court
Bharmanna vs Madarsab on 8 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
-1-
NC: 2024:KHC:14381
MFA No. 8368 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO. 8368 OF 2016 (WC)
BETWEEN:
BHARMANNA
S/O BHOOTARAYAPPA,
AGED ABOUT 29 YEARS,
R/AT CHOWLUR VILLAGE,
CHALLAKERE TALUK,
CHITRADURGA DISTRICT-577 501.
...APPELLANT
(BY SRI. JAGAN MOHAN.M.T., ADVOCATE)
AND:
1. MADARSAB
S/O HUNURSAB,
AGED ABOUT 55 YEARS,
OWNER OF LORRY NO.KA-16/A-5962,
R/AT 2ND CROSS, NEHRUNAGARA,
Digitally signed by
HOLALKERE ROAD,
PREMCHANDRA M R CHITRADURGA-577 501.
Location: HIGH
COURT OF
KARNATAKA
2. THE MANAGER,
RELIANCE GENERAL INSURANCE CO. LTD.,
1ST FLOOR, MAGANOOR BASAPPA
COMMERCIAL COMPLEX, P.B.ROAD,
CHITRADURGA-577 501.
...RESPONDENTS
,
(NOTICE TO R1-DISPENSED WITH V/O DATED:08.04.2024;
BY SRI. PRADEEP.B., ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 30(1) OF WORKMEN COMPENSATON ACT AGAINST
-2-
NC: 2024:KHC:14381
MFA No. 8368 of 2016
THE JUDGMENT AND AWARD DATED:18.11.2015 PASSED IN
ECA.NO.30/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND ADDITIONAL MACT, CHALLAKERE.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
DISMISSAL, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.Jagan Mohan.M.T., learned counsel for the appellant
and Sri.Pradeep.B., learned counsel for respondent No.2 have
appeared in person.
2. Though the appeal is listed today for hearing on
interlocutory application, it is heard finally.
3. The claimant has preferred the captioned appeal
seeking enhancement of the compensation.
4. Learned counsel for the respective parties have
urged several contentions. Heard, the contentions urged on
behalf of the respective parties and perused the appeal papers
with utmost care.
5. This Court vide order dated:08.04.2024 framed the
following substantial question of law.
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1. Whether the Trial Court is justifying in
awarding the compensation of only Rs.40,664/-
(Rupees Forty Thousand Six Hundred and Sixty
Four only) with interest of 9% p.a. When the
appellant claimed the compensation of
Rs.5,00,000/- (Rupees Five Lakhs only) with
interest of 12% per annum?
2. Whether the Trial Court is justifying in
considering the disability of the appellant of
only 8% when the Doctor the PW2 asses the
functional disability suffered by the appellant is
20 percent?
6. Perused the Judgment of the Trial Court with
utmost care. The Trial Court extenso referred to the material on
record and awarded compensation of Rs.40,664/- (Rupees
Forty Thousand Six Hundred and Sixty Four only) with interest
at the rate of 9% per annum from the date of claim petition till
the date of realization.
Suffice it to note that the accident occurred on
18.02.2008 and the claimant was aged 27 years as on the date
NC: 2024:KHC:14381
of accident. The salary of the claimant was Rs.4,000/- (Rupees
Four Thousand only). Since, it is a case of injury, 60% of the
income must be taken into consideration for loss of income,
60% of Rs.4,000/- (Rupees Four Thousand only) amounts to
Rs.2,400/- (Rupees Two Thousand Four Hundred only). It is
said that the claimant suffered disability of 8%. Therefore, the
factor must be taken into consideration at 213.57 for the age
27.
The calculation is as under:
Rs.2,400 X 8/100 = Rs.192/-
Rs.192 X 213.57 Rs.41,005/-
(Less) Compensation awarded by the - Rs.40,664/-
Tribunal
Enhanced Compensation awarded by Rs.341/-
this Court.
Therefore, the claimant is entitled for enhanced
compensation of Rs.341/- (Rupees Three Hundred and Forty
One only) with interest at the rate of 12% after one month
from the date of accident.
NC: 2024:KHC:14381
7. Hence, the following:
ORDER
1. The Miscellaneous First Appeal is
allowed. The Judgment and award
dated:18.11.2015 passed by the Court of Senior
Civil Judge and Addl. MACT, Challakere in
E.C.A.No.30/2014 is modified to the extent stated
hereinabove.
2. The claimant is entitled for enhanced
compensation of Rs.341/- (Rupees Three Hundred
and Forty One only) with interest at the rate of 12%
after one month from the date of accident till
realization.
3. The second respondent - Insurance
Company shall deposit the aforementioned amount
along with 12% interest after one month from the
date of accident within a period of two months from
the date of receipt of the certified copy of this
Judgment.
NC: 2024:KHC:14381
4. The Registry is directed to draw the
modified award accordingly.
5. Office is directed to transmit the original
records to the concerned Trial Court forthwith.
Sd/-
JUDGE
MRP
