Karnataka High Court
Rathnamma W/O Shantarama Pisale vs Dr. Vinaya S/O Hanumantharao Jadhav on 10 April, 2024
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NC: 2024:KHC-D:6314
MFA No. 100587 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 100587 OF 2018 (WC)
BETWEEN:
1. RATHNAMMA W/O SHANTARAMA PISALE
AGE:51 YEARS, OCC:HOUSE HOLD WORK,
2. ANUSUYA D/O SHANTARAMA PISALE,
AGE:32 YEARS, OCC:HOUSE HOLD WORK,
3. VENKATESH S/O SHANTARAMA PISALE
AGE:32 YEARS, OCC:AUTO DRIVER,
4. RAMESH D/O SHANTARAMA PISALE
AGE:26 YEARS, OCC:GOUNDI WORK,
ALL ARE R/O:IMAMNAGAR,
4TH CROSS, BETUR ROAD,
NEAR BDO OFFICE, DAVANAGERE
NOW @ MARUTI NAGAR,
RANEBENNUR DIST:HAVERI-581115
...APPELLANTS
(BY SRI. G N NARASAMMANAVAR, ADVOCATE)
Digitally signed by
ROHAN HADIMANI AND:
T
Location: HIGH
COURT OF
KARNATAKA 1. DR. VINAYA S/O HANUMANTHARAO JADHAV
AGE:MAJOR, OCC:MEDICAL PRACTITIONER
R/O 462/1, 3RD CROSS, LAWYERS ROAD, K.B.EXTENSION
DAVANAGERE-577001
(OWNER OF THE CAR NO KA 17/M-9651)
2. THE DIVISIONAL MANAGER
ORIENTAL INSURANCE CO LTD
ENKAY COMPLEX, KESHWAPUR HUBBALLI-580020
(INSURER OF THE CAR NO KA 17/M-9651)
...RESPONDENTS
(BY MS. ANUSHA SANGAMI FOR SRI. S.K.KAYAKAMATH,
ADVOCATES FOR R2) (R1-NOTICE DISPENSED WITH)
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NC: 2024:KHC-D:6314
MFA No. 100587 of 2018
THIS MFA IS FILED U/S.30(1) OF THE EMPLOYEES
COMPENSATION ACT, 1923, AGAINST THE JUDGMENT AND AWARD
DATED:21.06.2017, PASSED IN ECA.NO.218/2014, ON THE FILE OF
ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL
MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.BARRED BY PERIOD OF
LIMITATION.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Though this appeal is listed for admission, with the
consent of learned counsel for the parties, it is taken up for
final disposal.
2. This appeal is filed by dependants of deceased
seeking for enhancement of compensation being aggrieved by
judgment and award dated 21.06.2017 passed in ECA
No.218/2014 on the Additional Senior Civil Judge and AMACT,
Ranebennur (for short, 'Tribunal').
3. Heard the learned counsel
Sri.G.N.Narasammanavar for the appellants/claimants and
learned counsel Smt.Anusha Sangami for Sri.S.K.Kayakamath,
learned counsel appearing for respondent No.2.
4. Learned counsel for the appellants submits that this
appeal is filed only seeking for reassessment of wages of the
NC: 2024:KHC-D:6314
deceased at Rs.8,000/- as against Rs.6,000/- assessed by the
Commissioner. Hence, he seeks to allow the appeal.
5. Per contra, Sri.S.K. Kayakamath, learned counsel
for the respondent opposed the appeal by supporting the
impugned judgment and award of the Commissioner and seeks
to dismiss the appeal.
6. Having heard the learned counsel for the parties
and on perusal of the material available on record, it is not in
dispute that in a road accident dated 15.05.2011 one
Sri. Shantaram Pisale succumbed to the injuries during the
course of employment under respondent No.1. Admittedly, the
Commissioner has committed an error in assessing the wages
of the deceased at Rs.6,000/-. This Court reassess the wages
of the deceased at Rs.8,000/-, considering the notification
issued by the Central Government under the provisions of
Workmen's Compensation Act, 1923. Hence, the appellants are
entitled for modified compensation as under:
8,000 x 50% = 4,000 x 135.56 =Rs.5,42,240/-
7. The entire compensation amount shall carry interest
at the rate of 12% per annum w.e.f one month after the date
of accident till the date of realization.
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8. In the result, I proceed to pass the following:
ORDER
a) Appeal stands allowed in part.
b) The impugned judgment and award passed by
the trial Court is modified to an extent that the
claimant is entitled to total compensation of
Rs.5,42,240/- as against Rs.4,06,680/-
awarded by the trial Court, which shall carry
interest at the rate of 12% per annum w.e.f.
one month after the date of accident till the
date of realization.
c) The appellant/insurer shall deposit the aforesaid
amount with accrued interest before the trial
Court within six weeks from the date of receipt
of certified copy of this judgment.
d) On such deposit, the same shall be released in
favour of the respondent.
e) Draw modified award accordingly.
Sd/-
JUDGE
RKM
