Karnataka High Court
The Divisional Manager vs G S Mahantesh S/O Doddabasavanagouda on 1 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:2289
MFA No. 25258 of 2011
C/W MFA No. 25255 of 2011, MFA No. 25256
of 2011, MFA No. 25257 of 2011
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 1ST DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.25258 OF 2011 (WC)
C/W
MISCELLANEOUS FIRST APPEAL NO.25255 OF 2011
MISCELLANEOUS FIRST APPEAL NO.25256 OF 2011
MISCELLANEOUS FIRST APPEAL NO.25257 OF 2011
IN M. F. A. NO.25258 OF 2011
BETWEEN:
THE DIVISIONAL MANAGER,
ORIENTAL INSURANCE CO., LTD., BELLARY,
REPTD. THROUGH ITS REGIONAL OFFICE,
SUMANGALA COMPLEX, IIND FLOOR,
STATION ROAD, HUBLI.
REPTD. BY ITS ASSISTANT MANAGER.
Digitally ...APPELLANT
signed by
SAROJA
SAROJA HANGARAKI (BY SRI. N.R. KUPPELUR, ADVOCATE)
HANGARAKI Date:
2024.02.19
15:56:17
+0530 AND:
1. SRI. RAMANJI @ RAMANJINI
S/O. LATE RAMANNA,
AGE: 31 YEARS, OCC: LOADER,
R/O: BAILUVADDIGERI,
TQ: HOSPET, DIST: BELLARY.
2. SRI. CHANNAPPA R.
S/O. R. RAMASWAMY,
AGE: MAJOR,
-2-
NC: 2024:KHC-D:2289
MFA No. 25258 of 2011
C/W MFA No. 25255 of 2011, MFA No. 25256
of 2011, MFA No. 25257 of 2011
R/O: RAYAMPALLY VILLAGE,
URVAKONDAMANDALAM, DIST: ANANTHAPURA,
ANDHRA PRADESH STATE.
(OWNER OF THE TRACTOR-TRAILER
NO.AP-02/U-3718-3719)
...RESPONDENTS
(R1 HELD SUFFICIENT;
R2 SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 30(1) OF W.C. ACT 1923, AGAINST THE JUDGMENT AND
ORDER DATED 01.08.2011, PASSED IN WCA.CR.NO.451/2005 ON
THE FILE OF THE LABOUR OFFICER AND COMMISSIONER FOR
WORKMENS COMPENSATION, SUB-DIVISION-2, BELLARY,
AWARDING THE COMPENSATION OF RS.84,594/- WITH INTEREST AT
THE RATE OF 12% P.A. FROM THE DATE OF PETITION AND SHALL BE
DEPOSITED WITHIN ONE MOTH FROM THE DATE OF THE ORDER.
IN M. F. A. NO.25255 OF 2011
BETWEEN:
THE DIVISIONAL MANAGER,
ORIENTAL INSURANCE CO., LTD., BELLARY,
REPTD. THROUGH ITS REGIONAL OFFICE,
SUMANGALA COMPLEX, IIND FLOOR,
STATION ROAD, HUBLI.
REPTD. BY ITS ASSISTANT MANAGER.
...APPELLANT
(BY SRI. N.R. KUPPELUR, ADVOCATE)
AND:
1. SRI. OBALESH S/O.LATE RAMANJANEYALU
AGE: 36 YEARS, OCC: LOADER,
R/O: BAILUVADDIGERI,
TQ: HOSPET, DIST: BELLARY.
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NC: 2024:KHC-D:2289
MFA No. 25258 of 2011
C/W MFA No. 25255 of 2011, MFA No. 25256
of 2011, MFA No. 25257 of 2011
2. SRI. CHANNAPPA R.
S/O. R. RAMASWAMY,
AGE: MAJOR,
R/O: RAYAMPALLY VILLAGE,
URVAKONDAMANDALAM, DIST: ANANTHAPURA,
ANDHRA PRADESH STATE.
(OWNER OF THE TRACTOR-TRAILER
NO.AP-02/U-3718-3719)
...RESPONDENTS
(R1 HELD SUFFICIENT;
R2 SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 30(1) OF W.C. ACT 1923, AGAINST THE JUDGMENT AND
ORDER DATED 01.08.2011, PASSED IN WCA.CR.NO.448/2005 ON
THE FILE OF THE LABOUR OFFICER AND COMMISSIONER FOR
WORKMENS COMPENSATION, SUB-DIVISION-2, BELLARY,
AWARDING THE COMPENSATION OF RS.60,834/- WITH INTEREST AT
THE RATE OF 12% P.A. FROM THE DATE OF PETITION AND SHALL BE
DEPOSITED WITHIN ONE MOTH FROM THE DATE OF THE ORDER.
IN M. F. A. NO.25256 OF 2011
BETWEEN:
THE DIVISIONAL MANAGER,
ORIENTAL INSURANCE CO., LTD., BELLARY,
REPTD. THROUGH ITS REGIONAL OFFICE,
SUMANGALA COMPLEX, IIND FLOOR,
STATION ROAD, HUBLI.
REPTD. BY ITS ASSISTANT MANAGER.
...APPELLANT
(BY SRI. N.R. KUPPELUR, ADVOCATE)
AND:
1. SRI. PRABHAKAR S/O. HANUMANTHAPPA REDDY,
AGE: 30 YEARS, OCC: LOADER,
-4-
NC: 2024:KHC-D:2289
MFA No. 25258 of 2011
C/W MFA No. 25255 of 2011, MFA No. 25256
of 2011, MFA No. 25257 of 2011
R/O: BAILUVADDIGERI,
TQ: HOSPET, DIST: BELLARY.
2. SRI. CHANNAPPA R.
S/O. R. RAMASWAMY,
AGE: MAJOR,
R/O: RAYAMPALLY VILLAGE,
URVAKONDAMANDALAM, DIST: ANANTHAPURA,
ANDHRA PRADESH STATE.
(OWNER OF THE TRACTOR-TRAILER
NO.AP-02/U-3718-3719)
...RESPONDENTS
(R1 AND R2 SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 30(1) OF W.C. ACT 1923, AGAINST THE JUDGMENT AND
ORDER DATED 01.08.2011, PASSED IN WCA.CR.NO.449/2005 ON
THE FILE OF THE LABOUR OFFICER AND COMMISSIONER FOR
WORKMENS COMPENSATION, SUB-DIVISION-2, BELLARY,
AWARDING THE COMPENSATION OF RS.63,446/- WITH INTEREST AT
THE RATE OF 12% P.A. FROM THE DATE OF PETITION AND SHALL BE
DEPOSITED WITHIN ONE MOTH FROM THE DATE OF THE ORDER.
IN M. F. A. NO.25257 OF 2011
BETWEEN:
THE DIVISIONAL MANAGER,
ORIENTAL INSURANCE CO., LTD., BELLARY,
REPTD. THROUGH ITS REGIONAL OFFICE,
SUMANGALA COMPLEX, IIND FLOOR,
STATION ROAD, HUBLI.
REPTD. BY ITS ASSISTANT MANAGER.
...APPELLANT
(BY SRI. N.R. KUPPELUR, ADVOCATE)
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NC: 2024:KHC-D:2289
MFA No. 25258 of 2011
C/W MFA No. 25255 of 2011, MFA No. 25256
of 2011, MFA No. 25257 of 2011
AND:
1. SRI. G.S. MAHANTESH S/O. DODDABASAVANAGOUDA,
AGE: 25 YEARS, OCC: LOADER,
R/O: BAILUVADDIGERI,
TQ: HOSPET, DIST: BELLARY.
2. SRI. CHANNAPPA R.
S/O. R. RAMASWAMY,
AGE: MAJOR,
R/O: RAYAMPALLY VILLAGE,
URVAKONDAMANDALAM, DIST: ANANTHAPURA,
ANDHRA PRADESH STATE.
(OWNER OF THE TRACTOR-TRAILER
NO.AP-02/U-3718-3719)
...RESPONDENTS
(BY SRI. Y.LAKSHMIKANT REDDY, ADVOCATE FOR R2;
R1 SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 30(1) OF W.C. ACT 1923, AGAINST THE JUDGMENT AND
ORDER DATED 01.08.2011, PASSED IN WCA.CR.NO.450/2005 ON
THE FILE OF THE LABOUR OFFICER AND COMMISSIONER FOR
WORKMENS COMPENSATION, SUB-DIVISION-2, BELLARY,
AWARDING THE COMPENSATION OF RS.1,09,794/- WITH INTEREST
AT THE RATE OF 12% P.A. FROM THE DATE OF PETITION AND SHALL
BE DEPOSITED WITHIN ONE MOTH FROM THE DATE OF THE ORDER.
THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR
HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:2289
MFA No. 25258 of 2011
C/W MFA No. 25255 of 2011, MFA No. 25256
of 2011, MFA No. 25257 of 2011
JUDGMENT
Heard Sri.N.R.Kuppelur, counsel.
2. These four appeals are filed by the insurance
company challenging the judgment and award passed by
the Commissioner for Workmen's Compensation (for short
hereinafter 'CWC') in WCA.CR. No.451/2005 on the file of
the Labour Officer and Workmen's Compensation
Commissioner, Sub-Division-II, Ballari.
3. For the sake of convenience the details of claim
petitions, award amount and appeal numbers are
tabulated hereunder:
Appeal No. Claim No. Amount
awarded(Rs)
MFA No.25258/2011 WCA CR No.451/2005 84,594-00
MFA No.25255/2011 WCA.CR.No.448/2005 60,834-00
MFA No.25256/2011 WCA.CR.No.449/2005 63,446-00
MFA No.25257/2011 WCA.CR.No.450/2005 1,09,794-00
4. Facts in brief which are utmost necessary for disposal
of these four appeals are as under:
NC: 2024:KHC-D:2289
C/W MFA No. 25255 of 2011, MFA No. 25256
4.1 Yankaiah, Obalesh, Prabhakar, G.S.Mahantesh and
Ramanji @ Ramanjini laid a claim in respect of accidental
injuries sustained by them, while they were traveling in
the tractor trailer unit bearing No.AP-02/U-3718-3719
(herein after for short 'TT Unit'), belonging to the first
respondent as loaders.
4.2 Claim petition filed by Sri. Yankaiah was dismissed as
not pressed. Remaining claims were contested.
4.3 On contest, learned CWC allowed the claim petitions in
part and awarded compensation as referred supra.
5. Being aggrieved by the same, insurance company is
in appeal.
6. Sri.N.R.Kuppelur reiterating the grounds urged in the
appeal memorandum contended that the quantum of
compensation awarded is incorrect and so also liability
fastened on to the insurance company cannot be
countenanced in law inasmuch as the permit for plying a
TT unit is in the State of Andra Pradesh. But, the incident
NC: 2024:KHC-D:2289
C/W MFA No. 25255 of 2011, MFA No. 25256
has occurred in the State of Karnataka and therefore,
insurance company is not liable to pay the compensation.
7. Respondent though served with notice remained
absent in all these appeals.
8. In view of the contentions urged on behalf of the
insurance company, this court has perused the material on
record meticulously.
9. On such perusal of the material, it is crystal clear
that the claimants have sustained accidental injuries while
discharging their work in the TT Unit as referred supra
which belonged to the first respondent.
10. The injuries sustained by the claimants are also
established by placing medical evidence on record.
11. Taking note of the admission made by the first
respondent that the claimants were working as loaders in
his TT unit and the salary being paid to them, quantum of
compensation awarded by the learned CWC is just and
proper and there is no scope for reduction of the quantum.
NC: 2024:KHC-D:2289
C/W MFA No. 25255 of 2011, MFA No. 25256
12. This would take this court to the next contention
urged on behalf of the insurance company regarding
liability of the insurance company.
13. Admittedly, TT unit had permit to ply the TT unit in
the State of Andra Pradesh. However, incident had
occurred in the State of Karnataka.
14. In such circumstances, the entire liability cannot be
exonerated on behalf of the insurance company.
15. It is settled principle of law under such circumstances
that the insurance company is bound to pay the adjudged
compensation at the first instance to the claimants and
thereafter, insurance company is at liberty to recover the
same from the owner of the TT Unit in the same
proceedings.
16. Accordingly, the following:
ORDER
i) Appeals are allowed in part.
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NC: 2024:KHC-D:2289
C/W MFA No. 25255 of 2011, MFA No. 25256
ii) While maintaining the quantum of compensation,
insurance company is directed to pay
compensation to the claimants at first instance
with accrued interest and is entitled to recover the
same from the owner of the TT Unit bearing
No.AP-02/U-3718-3719 in the same proceedings
in accordance with law.
iii) No orders has to costs.
iv) Amount in deposit is ordered to be transmitted to
the CWC for disbursement.
Sd/-
JUDGE
HMB
