Karnataka High Court
The Divisional Manager vs Ramesh on 2 February, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2024:KHC:4756
MFA No. 1237 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 1237 OF 2019 (WC)
BETWEEN:
1. THE DIVISIONAL MANAGER,
THE ORIENTAL INSURANCE COMPANY LTD.,
NEAR NEW MUSLIM HOSTAL COMPLEX,
INFRONT OF FIRE BRIGADE STATION,
1ST MAIN ROAD,
SARASWATHIPURA,
MYSURU - 570 001
MYSURU - 570 009
REPRESENTED BY REGIONAL MANAGER,
THE ORIENTAL INSURANCE CO LTD.,
REGIONAL OFFICE,
MISC DEPARTMENT,
FIRST FLOOR,
LEO SHOPPING COMPLEX,
RESIDENCY ROAD CROSS,
Digitally signed by JAI BANGALORE - 560 025
JYOTHI J
Location: HIGH COURT
...APPELLANT
OF KARNATAKA
(BY SRI. H C VRUSHABHENDRAIAH, ADVOCATE)
AND:
1. RAMESH
S/O DYAVAIAH,
AGED 51 YEARS,
R/O HARAHALLI VILLAGE,
V.C. COLONY,
KENNALU HOBLI,
PANDAVAPURA TALUK - 571 434.
-2-
NC: 2024:KHC:4756
MFA No. 1237 of 2019
2. V PRAKASH
S/O LATE VENKTAPPA,
AGED ABOUT 47 YEARS,
R/O HARAHALLI VILLAGE,
V.V.NAGAR POST,
PANDAVAPURA TALUK,
MANDYA DISTRICT - 571 434.
...RESPONDENTS
(BY SRI. T.K. NAGESH KUMAR, ADVOCATE FOR R1;
SRI. M. L. SUVARNA, ADVOCATE FOR R2)
THIS MFA IS FILED U/S 30(1) OF EMPLOYEES
COMPENSATION ACT, 1923, AGAINST THE JUDGMENT AND
AWARD DATED 28.09.2018 PASSED IN ECA.NO.2/2017
ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND
J.M.F.C, PANDAVAPURA, AWARDING COMPENSATION OF
RS.1,25,176/-WITH INTEREST AT 12% P.A. FROM THE DATE
OF ACCIDENT i.e., 29.03.2014 TILL REALIZATION OF THE
AMOUNT.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, AND THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the appellant-Insurance
Company challenging the judgment and award dated
28.09.2018 passed in ECA.No.2/2017 by the Addl. Senior
Civil Judge & JMFC, Pandavapura, praying to reduce the
quantum of compensation and also requested to fasten
liability on the owner to pay interest accrued thereon.
NC: 2024:KHC:4756
2. The factum of accident, injuries sustained
by the respondent No.1 during out of and in the course of
employment and coverage of insurance are not disputed.
3. Heard the arguments from both sides and
perused the records.
4. In the present case, the claimant has
sustained injuries during out of and in the course of
employment. Learned Commissioner has taken the wage
at Rs.5,000/- per month. The accident is caused on
29.03.2014 and as per the insurance policy, the employer
has covered the risk of employee for Rs.4,000/- per
month. Therefore, the monthly wage should be taken as
Rs.4,000/- per month as Rs.4,000/- per month only for
each employee.
5. The learned Commissioner is correct in
holding that the claimant has suffered 16.08% of
permanent physical disability. The claimant was aged 49
years and the relevant factor applicable is 156.47.
NC: 2024:KHC:4756
Therefore, compensation under the head loss of earning
capacity due to disability is re-assessed and quantified as
follows:
Rs.4,000/- x 60% x 156.47 x 16.08% = Rs.60,385/-
Accordingly, compensation of Rs.60,385/- is
awarded under the head loss of earning capacity due to
disability.
6. Therefore, the appellant-Insurance
Company shall pay compensation of Rs.60,385/-. The
owner of Mysugar crushing machine shall pay interest at
the rate of 12% per annum from the date of accident till
realization on the amount determined above. Accordingly,
I proceed to pass the following
ORDER
i. The appeal is allowed in part.
ii. The impugned judgment and award dated
28.09.2018 passed in ECA.No.2/2017 by the Addl.
Senior Civil Judge & JMFC, Pandavapura, is
modified.
NC: 2024:KHC:4756
iii. The appellant-Insurance Company shall pay
compensation of Rs.60,385/-. The owner of
Mysugar crushing machine shall pay interest at
the rate of 12% per annum from the date of
accident till realization on the amount determined
above.
iv. No order as to costs.
v. Excess amount, if any, deposited by the Insurance
Company shall be refunded to the Insurance
Company.
vi. Registry is directed to transmit the TCR along with
copy of this order to the Tribunal forthwith.
Sd/-
JUDGE
PB
