Rudrawwa @ Chandramma Kom Hanamagouda ... vs The General Manager
2024 Latest Caselaw 10922 Kant

Karnataka High Court

Rudrawwa @ Chandramma Kom Hanamagouda ... vs The General Manager on 22 April, 2024

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                                                                NC: 2024:KHC-D:6669
                                                         MFA No. 103823 of 2018




                         IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                               DATED THIS THE 22ND DAY OF APRIL, 2024

                                               BEFORE
                            THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
                        MISCELLANEOUS FIRST APPEAL NO. 103823 OF 2018 (WC)

                   BETWEEN:

                   1.     RUDRAWWA @ CHANDRAMMA
                          KOM HANAMAGOUDA SALIGOUDRA,
                          AGE: 44 YEARS, OCC: HOUSEHOLD WORK,
                          R/O. DEVIHOSUR, TQ & DIST: HAVERI.

                   2.   HANAMAGOUDA S/O. PARAMAGOUDA SALIGOUDRA,
                        AGE: 44 YEARS, OCC: HOUSEHOLD WORK,
                        R/O: DEVIHOSUR, TQ & DIST: HAVERI.
                                                                ...APPELLANTS
                   (BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)

                   AND:

                   1.     THE GENERAL MANAGER,
                          G. M. SUGARS ENERGY PVT. LIMITED,
                          R/O: SANGUR-581110, TQ & DIST: HAVERI.

                   2.     THE MANAGER LEGAL,
Digitally signed
by JAGADISH T             ICICI LOMBARD GENERAL INSURANCE
R                         COMPANY LIMITED, 2ND FLOOR,
Location: HIGH            GOKUL ROAD, BANNI TREE STOP,
COURT OF
KARNATAKA                 HUBBALLI-580020.
                                                                    ...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: 02.09.2015, PASSED IN ECA.NO.46/2014, ON THE FILE OF
                   THE ADDITIONAL SENIOR CIVIL JUDGE & MEMBER, ADDITIONAL
                   MOTOR ACCIDENT CLAIMS TRIBUNAL AND COMMISSIONER FOR
                   EMPLOYEES COMPENSATION, HAVERI, PARTLY ALLOWING THE
                   CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
                   OF COMPENSATION.
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                                                NC: 2024:KHC-D:6669
                                          MFA No. 103823 of 2018




     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 the claimants seeking

enhancement of compensation being aggrieved by the

judgment and award dated 02.09.2015 passed in ECA

No.46/2014 on the file of Addl. Senior Civil Judge and AMACT

and Commissioner for Employees Compensation at Haveri (for

short, 'Commissioner').

3. Heard the learned counsel Sri.Chandrashekhar M

Hosamani, appearing for the appellants and learned counsel

Sri. Nagaraj C Kolloori, appearing for the respondent No.2.

4. Learned counsel for the appellant submits that the

Commissioner committed an error in assessing the wage of the

deceased. Hence, he seeks to re-assess the wage at Rs.8,000/-

per month and redetermine the compensation by allowing the

appeal.

NC: 2024:KHC-D:6669

5. Per contra, learned counsel Sri. Nagaraj C Kolloori,

appearing for the respondent No.2 supports impugned

judgment and award of the Tribunal and seeks to dismiss the

appeal.

6. I have heard the arguments of learned counsel for

the appellants and learned counsel for the respondent No.2 and

perused the material available on record, it is not in dispute

that in a road accident dated 23.12.2010, the deceased

Bhimanagouda S/o Hanamagouda Saligoudra was working

under the respondent No.1 and sustained grievous injuries and

succumbed to those injuries. The death of Bhimanagouda is

during the course of employment. This Court considering the

notification issued by the Central Government under the

provisions of Workmen's Compensation Act, 1923, re-assesses

the wage of the deceased at Rs.8,000/- and award the

compensation as under:

8,000 x 50% = 4,000 x 211.79 = Rs.8,47,160/-

7. The Commissioner has awarded a sum of

Rs.10,000/- towards funeral expenses which is unaltered. The

entire compensation amount shall carry interest at the rate of

NC: 2024:KHC-D:6669

12% per annum w.e.f one month after the date of accident till

the date of realization.

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.8,57,160/- as against Rs.6,45,370/-

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 Ct-an