Karnataka High Court
Smt. Shridevi And Ors vs Sri. Jayant And Anr on 4 April, 2024
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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NC: 2024:KHC-K:2825-DB
MFA No.200610 of 2020
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF APRIL, 2024
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE K V ARAVIND
MISCL. FIRST APPEAL NO. 200610 OF 2020 (ECA)
BETWEEN:
1. SMT. SHRIDEVI
W/O DEVENDRAPPA BIRADAR
@ GONDALAGERI
AGED ABOUT 34 YEARS
OCC: HH WORK
2. KUM. PRAJWAL
S/O DEVENDRAPPA BIRADAR
@ GONDALAGERI
AGED ABOUT 14 YEARS
OCC: STUDENT
Digitally signed by
BASALINGAPPA
SHIVARAJ
DHUTTARGAON 3. KUM. SHANAKARAGOUDA
Location: HIGH
COURT OF S/O DEVENDRAPPA BIRADAR
KARNATAKA
@ GONDALAGERI
AGED ABOUT 12 YEARS
OCC: STUDENT
4. KUM. BHAGYASHREE
D/O DEVENDRAPPA BIRADAR
@ GONDALAGERI
AGED ABOUT 10 YEARS
OCC: STUDENT
5. SMT. MAITRABAI
W/O BASANAGOUDA BIRADAR
@ GONDALAGERI
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NC: 2024:KHC-K:2825-DB
MFA No.200610 of 2020
AGED ABOUT 59 YEARS
OCC: HH WORK
ALL ARE R/O MINAJAGI, MUDDEBIHAL
DIST: VIJAYAPURA.
(APPELLANT NO.2 TO 4 SINCE MINORS
REP. BY THEIR NATURAL GUARDIAN
MOTHER, APPELLANT NO.1).
...APPELLANTS
(BY SMT.RATNA N.SHIVAYOGIMATH, ADVOCATE)
AND:
1. SRI. JAYANT
S/O ASHOK WADHWANI
AGE : MAJOR
OCC: BUSINESS
C/O SHIVANAND C. JAMBAGI
MINAJAGI, MUDDEBIHAL
DIST: VIJAYAPUR - 586 212.
2. THE BRANCH MANAGER
THE UNITED INDIA INSURANCE CO. LTD.,
VIJAYAPURA - 586 101.
...RESPONDENTS
(BY SMT.PREETI PATIL MELKUNDI, ADVOCATE FOR R2;
V/O DATED 22.02.2022, NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 30(1) OF
EMPLOYEES COMPENSATION ACT, PRAYING TO ALLOW THE
APPEAL AND SET ASIDE THE JUDGMENT AND AWARD DATED
11.10.2019 PASSED BY THE LEARNED SENIOR CIVIL JUDGE
AND J.M.F.C. AND COMMISSIONER OF EMPLOYEES
COMPENSATION, MUDDEBIHAL IN E.C.A.NO.1/2016 AND
AWARD THE COMPENSATION AS PRAYED IN THE CLAIM
PETITION IN THE INTEREST OF JUSTICE AND EQUITY.
THIS MFA COMING ON FOR ADMISSION THIS DAY
H.T.NARENDRA PRASAD J., DELIVERED THE FOLLOWING:
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MFA No.200610 of 2020
JUDGMENT
1. Though this appeal is listed for admission, with the
consent of both the learned counsel, it is taken up for final
disposal.
2. This appeal under Section 30(1) of the Employee's
Compensation Act, 1923 has been filed by the claimants
being aggrieved by the judgment dated 11.10.2019
passed by the Senior Civil Judge & JMFC and
Commissioner for Employee's Compensation, Muddebihal,
in ECA No.01/2016.
3. Heard the learned counsel for the appellants and
learned counsel for the Insurance Company.
4. The only question raised by the appellants is that at
the time of the accident, the deceased was earning
Rs.12,000/- as monthly salary and Rs.200/- per day as
bhata. To prove the income of the deceased as
Rs.12,000/- per month salary and Rs.200/- per day as
bhata, the claimant has not produced any documents even
NC: 2024:KHC-K:2825-DB
employer has not been examined. Therefore, the Tribunal
has rightly assessed the minimum income at Rs.8,000/-
per month as prescribed under Section 4 of the Employees
Compensation Act and considered the right factor.
Therefore, we are of the opinion that the compensation
awarded by the Tribunal is just and reasonable. There is
no illegality or error in the order passed by the Tribunal.
Hence, no substantial question of law arises for
consideration in this appeal.
5. Accordingly, the appeal is dismissed. The judgment
and award passed by the Tribunal is confirmed.
Sd/-
JUDGE
Sd/-
JUDGE
VNR
