Karnataka High Court
Smt.Chand Bee @ Chandini W/O.Late ... vs G Basavana on 19 April, 2024
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NC: 2024:KHC-D:6545
MFA No. 102354 of 2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 19TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 102354 OF 2020 (WC)
BETWEEN:
1. SMT. CHAND BEE @ CHANDINI
W/O. LATE KHAJASAB @ KHAJA
AGE: 42 YEARS, HINDU.
2. KUM. SHAINAJ
D/O. LATE KHAJASAB @ KHAJA
AGE: 22 YEARS.
3. MOHAMMED
S/O. LATE KHAJASAB @ KHAJA,
AGE: 20 YEARS.
4. MINOR HASEENA
D/O.LATE KHAJASAB @ KHAJA
Digitally
signed by AGE: 17 YEARS.
JAGADISH T
R
Location: 5. MINOR MEHABOOB
HIGH COURT
OF S/O.LATE KHAJASAB @ KHAJA
KARNATAKA
AGE: 14 YEARS.
ALL ARE R/O. GUNDAMMA CAMP,
GANGAVATHI, NOW AT C/O. SMT.SHAMEEN,
BELAGAL ROAD, BELAGAL CROSS,
BALLARI-583101.
NOTE : APPELLANT NO.4 & 5 ARE MINORS
REP.BY THEIR NATURAL MOTHER
SMT.CHAND BEE @ CHANDINI I.E.APPELLANT NO.1
...APPELLANTS
(BY SRI. MANJUNATH JADAI, ADVOCATE)
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NC: 2024:KHC-D:6545
MFA No. 102354 of 2020
AND:
1. G. BASAVANA GOUDA
S/O. RAMA REDDY,
AGE: 42 YEARS,
OWNER OF THE LORRY
BEARING NO.KA-35/A-6234,
R/O. S. GANGALAPUR VILLAGE,
NAGALAPUR POST, TQ: SANDUR,
DIST: BALLARI-583119.
2. M/S. SHRIRAM GENERAL INSURANCE
CO. LTD, BY ITS MANAGER,
E-8, EPIP, RIICO,
INDUSTRIAL AREA,
SITAPUR, JAIPUR,
RAJASTHAN-302022.
...RESPONDENTS
(BY SRI. NAGARAJ C. KOLLOORI, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED U/S.30(1) OF THE EMPLOYEES
COMPENSATION ACT, 1923, AGAINST THE JUDGMENT AND AWARD
DATED 15.10.2018, PASSED IN ECA.NO.50/2015, ON THE FILE OF
THE I ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, 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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NC: 2024:KHC-D:6545
MFA No. 102354 of 2020
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 the claimants seeking
enhancement of compensation, being aggrieved by the
judgment and award dated 15.10.2018 passed in
ECA.No.50/2015 by the I Addl. Senior Civil Judge and Member,
MACT-V, Ballari (for short, 'trial Court').
3. Heard Sri.Manjunath Jadai, learned counsel for the
appellants and Sri.Nagaraj C.Kolloori, learned counsel for the
respondent No.2-insurance company.
4. Learned counsel for the appellants submits that the
trial Court has committed error in assessing the income as well
as considering the age of the deceased as 46 years. He submits
that the Ex.P-9 Aadhaar Card clearly indicate that the deceased
was aged about 39 years as on the date of accident, hence, the
appropriate factor which is required to be applied is 186.90.
Hence, he seeks to allow the appeal.
NC: 2024:KHC-D:6545
5. Per contra, learned counsel for the respondent-
insurance company supports the impugned judgment and
award of the trial Court and seeks to dismiss the appeal.
6. I have heard the learned counsel for the parties and
perused the material available on record.
7. Sri.Khaja Sab @ Khaja, who was working as a
cleaner under respondent No.1, met with a road accident on
20.09.2015 during the course of employment and sustained
grievous injuries and later succumbed to those injuries. The
trial Court considered the claim petition filed by the claimants
and awarded total compensation of Rs.4,98,870/- along with
statutory interest. This Court, on re-appreciation of entire
evidence on record, is of the considered view that the wages of
the deceased is required to be re-assessed at Rs.8,000/- per
month taking note of the notification issued by the Central
Government under the provisions of the Workmen's
Compensation Act, 1923. Accordingly, the wages is assessed at
Rs.8,000/- per month. Taking note of Ex.P-9 Aadhaar Card, this
Court considers the age of the deceased as 39 years as on the
date of accident and thus, applies 186.90 as the factor for
determination of compensation. Considering the re-assessed
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wages and modified factor, the appellants would be entitled to
total compensation as under:
Rs.8,000 x 186.90 x 50% = Rs.7,47,600/-.
Thus, the appellants are entitled to total compensation of
Rs.7,47,600/- as against Rs.4,98,870/- awarded by the trial
Court. The enhanced compensation shall carry interest at the
rate of 12% p.a. w.e.f. 30 days after the date of accident,
however, the appellants are not entitled to interest for delayed
period of 631 days as per the order dated 15.12.2021 of this
Court.
8. With the above modification of the impugned
judgment and award, the appeal is allowed-in-part.
The Registry to draw the award accordingly.
Sd/-
JUDGE
BSR
Ct-an
