Karnataka High Court
Shivanand Mahadev Khot vs Ashok Bhimanna Khot on 9 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:3141
MFA No. 20051 of 2013
C/W MFA.CROB No. 100184 of 2014
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.20051 OF 2013 (WC)
C/W
MFA CROSS OBJ NO.100184 OF 2014
IN M.F.A. NO.20051 OF 2013
BETWEEN:
THE ORIENTAL INSURANCE COMPANY LIMITED
DIVISIONAL OFFICE, MADIWAL COMPLEX,
CLUB ROAD, BELAGAVI,
REPRESENTED BY ITS ASST. MANAGER,
REGIONAL OFFICE, SUMANGALE COMPLEX,
2ND FLOOR, LAMINGTON ROAD, HUBLI-29.
...APPELLANT
(BY SRI. G.N. RAICHUR, ADVOCATE)
AND:
1. SRI. SHIVANAND MAHADEV KHOT
AGE: 24 YEARS, OCC: NIL,
R/O. ANANTPUR, TQ: ATHANI,
DIST: BELAGAVI.
Digitally
signed by
SAROJA
SAROJA HANGARAKI 2. SRI. ASHOK BHIMANNA KHOT
HANGARAKI Date:
2024.02.19 AGE: MAJOR, OCC: BUSINESS,
16:06:35
+0530 R/O. ANANTHPUR TQ: ATHANI,
SINCE DECEASED BY LR'S
2(A) SMT. SHOBHA W/O. ASHOK KHOT,
AGE: 51 YEARS, OCC: HOUSE HOLD,
R/O: NEAR BUS STAND ANANTPUR,
VILLAGE BELAGAVI-590023.
2(B) SRI. GIRISH S/O. ASHOK KHOT
AGE: 23 YEARS, OCC: HOUSEHOLD,
R/O: NEAR BUS STAND ANANTPUR VILLAGE,
BELAGAVI-590023.
...RESPONDENTS
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MFA No. 20051 of 2013
C/W MFA.CROB No. 100184 of 2014
(BY SRI. ASHOK A.NAIK, ADVOCATE FOR R1;
R2A-R2B ARE SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 30(1) OF WC ACT 1923, AGAINST THE JUDGMENT AND
AWARD DATED 31.10.2012, PASSED IN WCA/SR NO.57/2011 ON
THE FILE OF THE LABOUR OFFICER AND COMMISSIONER FOR
WORKMENS COMPENSATION, SUB-DIVISION-1, BELAGAVI DISTRICT
BELAGAVI, AWARDING THE COMPENSATION OF RS.1,06,627/- WITH
INTEREST AT THE RATE OF 12% P.A. FROM THE DATE OF PETITION
AND SHALL BE DEPOSITED WITHIN 30 DAYS FROM THE DATE OF
THE ORDER.
IN MFA. CROSS OBJ NO.100184 OF 2014
BETWEEN:
SHIVANAND MAHADEV KHOT
AGE: 26 YEARS, OCC: NIL,
R/O. ANANTPUR, TQ: ATHANI,
DIST: BELAGAVI.
...APPELLANT
(BY SRI. ASHOK A.NAIK, ADVOCATE)
AND:
1. SRI. ASHOK BHIMANNA KHOT
AGE: 27 YEARS, OCC: BUSINESS,
R/O. ANANTPUR TQ: ATHANI,
DIST. BELAGAVI.
2. THE DIVISIONAL MANAGER,
THE ORIENTAL INSURANCE CO.LTD.,
DIVISIONAL OFFICE, CLUB ROAD,
BELAGAVI.
...RESPONDENTS
(BY SRI. G.N. RAICHUR, ADVOCATE FOR R2;
R1 DECEASED)
THIS MFA. CROB IN MFA No.20051/2013 FILED UNDER ORDER
41 RULE 22 OF CPC., AGAINST THE JUDGMENT AND AWARD DATED
31.10.2012 PASSED IN WCA:SR No.57/2011 ON THE FILE OF THE
LABOUR OFFICER AND COMMISSIONER FOR WORKMEN
COMPENSATION SUB-DIVISION-I BELAGAVI, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
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MFA No. 20051 of 2013
C/W MFA.CROB No. 100184 of 2014
THESE M.F.A. AND MFA. CROB, COMING ON FOR ADMISSION,
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Sri.G.N.Raichur, learned counsel for the appellant and
Sri.Ashok A. Naik, learned counsel for respondent No.1.
2. These two appeals arise out of the judgment and
award passed in WC/SR No.57/2011 on the file of Labour Office
and Commissioner for Workmen's Compensation (CWC for
short), Belagavi under Section 3 and Section 22 of the
Workmen's Compensation Act.
3. Brief facts of the case are as under:
Claimant/Shivanand Mahadev Khot being the coolie
working under respondent No.1 in the tractor and trailer unit
bearing No.KA-36/T-3477 and KA.23/T-1002 sustained
accidental injuries on 29.01.2010. Therefore, he laid a claim.
4. Notice of the claim petition was issued to the
respondents. Respondent No.1 appeared before CWC and
admitted the fact that claimant was a coolie under him and he
has sustained accidental injuries. Respondent No.2 -
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C/W MFA.CROB No. 100184 of 2014
Insurance Company denied the averments of claim petition in
toto.
5. Tribunal after raising necessary issues and
considering the oral and documentary evidence placed on
record, allowed the claim petition in part and awarded a sum of
Rs.1,06,627/- with interest at 12% p.a. after one month of the
accident till deposits of realisaiton.
6. Being aggrieved by the same, Insurance company
as well as claimant is in appeal.
7. Sri.G.N.Raichur, learned counsel contended that
even though respondent No.1 has admitted that the claimant
was an employee under him, there is no other evidence placed
on record to show that there existed an employer and
employee relationship and therefore, CWC ought not to have
allowed the claim petition in part.
8. He also pointed out that the T.T. unit was not used
for agricultural purpose and therefore, Insurance Company is
not liable to pay the compensation.
9. Per contra, Sri.Ashok A. Naik, learned counsel while
supporting the impugned judgment, sought for enhanced
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C/W MFA.CROB No. 100184 of 2014
compensation on the ground that income has not been properly
assessed.
10. Having heard the parties in detail, this Court
perused the material on record, meticulously.
11. On such perusal of the material on record, since
respondent No.1 has admitted the employer and employee
relationship and accident has occurred during the course of
employment, CWC was justified in holding that the claimant
sustained accidental injuries on account of rash and negligent
driving by the driver of the tractor and trailer unit and
therefore, he is entitled for the compensation is just and
proper.
12. Insofar as quantum of compensation is concerned,
Tribunal has taken into consideration his monthly salary as is
admitted by respondent No.1 and rightly calculated the
quantum of compensation taking into note of the medical
evidence placed on record.
13. Therefore, there is no scope for either reduction of
the compensation or enhancement of the compensation.
14. In view of the foregoing discussions, following:
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C/W MFA.CROB No. 100184 of 2014
ORDER
(i) Appeal filed by the Insurance Company and
Cross objection filed by the claimant is hereby
dismissed.
(ii) Amount in deposit is ordered to be transmitted
to the CWC for disbursement in accordance with
law.
Sd/-
JUDGE
KAV
