Karnataka High Court
Maliyappa S/O Hanumanthappa vs Kanakappa S/O Durgappa Bimanur on 15 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:3713
MFA No. 22014 of 2012
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 15TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.22014 OF 2012 (WC)
BETWEEN:
1. MALIYAPPA S/O HANUMANTHAPPA
AGED ABOUT 57 YEARS, OCC: AGRICULTURE,
2. SMT. NEELAMMA W/O MALIYAPPA
AGED ABOUT 51 YEARS, OCC: HOUSEHOLD,
BOTH ARE R/O: UDAMAKALLU VILLAGE,
TALUK: GANGAVATHI, DIST: KOPPAL.
...APPELLANTS
(BY SMT. SITALAXMI, PURLI, ADVOCATE FOR
SRI. B. SHARANABASAWA, ADVOCATE)
AND:
1. SRI. KANAKAPPA S/O. DURGAPPA BIMANUR,
AGED ABOUT 53 YEARS, OCC: AGRICULTURE,
R/O: RAMDURGA, TALUK: GANGAVATHI,
Digitally
signed by
SAMREEN
DIST: KOPPAL.
SAMREEN AYUB
AYUB DESHNUR
DESHNUR Date:
2024.02.23
14:30:01
+0530
2. THE DIVISIONAL MANAGER,
UNITED INDIAN INSURANCE COMPANY LTD.,
RAICHUR, TQ and DIST. RAICHUR.
...RESPONDENTS
(BY SRI. S.S. KOLIWAD, ADVOCATE FOR R2;
R1 SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S. 30(1) OF
W.C. ACT 1923, AGAINST THE JUDGMENT AND AWARD DATED:
29-10-2010, PASSED IN W.C. NO.158/2009 ON THE FILE OF THE
LABOUR OFFICER AND COMMISSIONER FOR WORKMEN
COMPENSATION, KOPPAL DISTRICT KOPPAL, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
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NC: 2024:KHC-D:3713
MFA No. 22014 of 2012
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Though the matter is listed for admission, by consent of
parties, the matter is taken up for final disposal.
2. Heard Smt. Sitalaxmi Purli representing Shri. B.
Sharanabasawa, learned counsel for appellants and Shri. S. S.
Koliwad, learned counsel for respondent No.2.
3. Claimants are in WC No.158/2009 on the file of the
Commissioner for Workmen's Compensation and Labour Officer,
Koppal (for short 'CWC') has questioned the quantum of
compensation.
4. Admitted facts are that the claimants being the
parents of deceased-Hanumantha, laid a claim on the ground
that the deceased was working as a coolie in a Tractor and
Trailer belonging to the first respondent and lost his life in a
Mishap on 21.09.2008 during discharge of his work.
5. Claim petition on contest came to be allowed in
part.
6. Being not satisfied with the quantum of
compensation, claimants are in appeal.
NC: 2024:KHC-D:3713
7. Smt. Sitalaxmi Purli representing Shri. B.
Sharanabasawa, learned counsel for appellants reiterating the
grounds urged in the appeal memo sought for enhanced
compensation by assessing the income in a sum of Rs.4,000/-
as against Rs.3,000/- assessed by the Tribunal and sought for
enhanced compensation.
8. Shri. S. S. Koliwad, learned counsel for respondent
No.3 however supported the impugned judgment and sought
for dismissal of the appeal.
9. Having heard the parties in detail, this Court
perused the material on record meticulously.
10. On such perusal, there is sufficient force in the
argument put forth on behalf of the appellants. The CWC has
not properly assessed the monthly income.
11. Accordingly, a case is made out for reworking on
the quantum of compensation. Monthly income of the deceased
is assessed at Rs.4,000/-. Since deceased is a bachelor 50% of
the income is to be deducted towards personal expenses of the
deceased.
12. Having regard to the age of the deceased 218.47 is
the proper factor.
NC: 2024:KHC-D:3713
13. Hence, it is re-assessed as under:
Age of the deceased : 24 years
Relevant factor : 218.47
218.47 X 2000 X 100/100 = 4,36,940/-
14. Accordingly, the following order is passed:
ORDER
(i) Appeal is allowed in part.
(ii) As against a sum of Rs.3,27,705/-
awarded by the CWC, claimants are
entitled to a sum of Rs.4,36,940/- with
interest at the rate of 12% per annum
one month after the date of accident till
realization.
Sd/-
JUDGE
SMM
