Karnataka High Court
Smt Mangala vs The Manager on 16 February, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2024:KHC:6829
MFA No. 8939 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 8939 OF 2019 (ECA)
BETWEEN:
1. SMT. MANGALA,
W/O LATE N. SIDDAPPA,
AGED ABOUT 51 YEARS,
2. SANJAY,
S/O LATE N. SIDDAPPA,
AGED ABOUT 26 YEARS,
3. NEELAMBIKA,
D/O LATE N. SIDDAPPA,
AGED ABOUT 23 YEARS,
ALL ARE R/O NO.23/1A,
DOOR NO.187, 2ND MAIN,
Digitally signed by JAI
JYOTHI J 2ND CROSS, GELEYARA BALAGA,
Location: HIGH
COURT OF 13TH CROSS, MAHALAKSHMIPURAM,
KARNATAKA
BENGALURU - 560 086.
...APPELLANTS
(BY SMT. ASHA B.L, ADVOCATE FOR
SRI. G.M. ANANDA, ADVOCATE)
AND:
1. THE MANAGER,
UNIVERSAL SAMPO GENERAL
INSURANCE CO. LTD.,
EXPRESS IT PARK, EL 94,
-2-
NC: 2024:KHC:6829
MFA No. 8939 of 2019
TTC INDUSTRIAL AREA,
M.I.D.C., MAHAPE,
NAVIMUMBAI - 400 710.
2. RAJESH R,
S/O RANGASHETTY,
R/O NO.320, 5TH CROSS,
GANESH B.L.K., RAJAJINAGARA,
BENGALURU - 560 086.
...RESPONDENTS
(BY SRI. PRADEEP B, ADVOCATE FOR R1;
VIDE ORDER DATED 20.07.2022 NOTICE TO R2 IS
DISPENSED WITH)
THIS MFA IS FILED U/S.30(1) OF WORKMENS
COMPENSATION ACT, AGAINST THE JUDGMENT AND AWARD
DATED 08.08.2018 PASSED ON ECA NO.14/2014 ON THE FILE
OF THE SENIOR CIVIL JUDGE, JMFC, MALAVALLI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the claimants under Section
30(1) of the Workmen's Compensation Act, 1923
(hereinafter referred to as 'WC Act' for short), challenging
the judgment and award passed in ECA No.14/2014 dated
08.08.2018 by the Court of Senior Civil Judge & JMFC,
Malavalli, seeking enhancement of the compensation.
NC: 2024:KHC:6829
2. The undisputed facts are that, the deceased
was a driver of Autorickshaw bearing registration No.KA-
02-AD-1101 under respondent No.1. On 22.12.2013 at
about 12.00 p.m, when the deceased was driving the
autorickshaw bearing registration No.KA-02-AD-1101 from
Mattithaleswhara Temple towards Shivanasamudra on
Malavalli-Kollegala Main road, suddenly a bullock came
across the road and the deceased had applied brake. As a
result, the autorickshaw was toppled and the deceased
sustained injuries and he was shifted to BGS Appollo
Hospital, Mysuru. Thereafter, on 01.01.2014, he was
shifted to KIMS Hospital, Bengaluru, where he died while
undergoing treatment.
3. Heard the arguments from both sides and
perused the records.
4. The Labour Court, after considering the facts
and circumstances and evidence on record, has granted a
compensation of Rs.9,01,696/- with interest at the rate of
NC: 2024:KHC:6829
12% p.a. from the date of petition till the date of
realization.
5. Being aggrieved by the lesser quantum of
compensation, the present appeal is filed.
6. Learned counsel for the appellants/claimants
submitted that the quantum of compensation awarded by
the Labour Court is meager one and prays for
enhancement of compensation.
7. On the other hand, learned counsel for the
respondent No.1-Insurance Company submitted that the
compensation awarded by the Labour Court is just and
proper and therefore, prays for dismissal of the appeal.
8. As per Section 4A(3)(a) of the Employee's
Compensation Act, 1923, the statutory interest at 12% per
annum has to be calculated from the date of accident. In
this regard, the Tribunal has erred in granting interest
from the date of petition.
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9. Accordingly, the appellants/claimants are
entitled to interest at the rate of 12% per annum from the
date of accident till realization on the awarded amount.
Accordingly, I proceed to pass the following:-
ORDER
i. The appeal is allowed-in-part.
ii. The impugned judgment and award dated
08.08.2018 in ECA.No.14/2014 passed by the
Senior Civil Judge & JMFC, Malavalli is hereby
modified to the extent that the
appellants/claimants are entitled to interest at
the rate of 12% per annum from the date of
accident till realization on the awarded amount.
iii. No order as to costs.
iv. Registry is directed to transmit the TCR along
with copy of this order to the Tribunal forthwith.
v. The entire amount shall be released in favour of
the appellants/claimants.
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vi. The claimants are not entitled for interest for
the delayed period of 407 days in filing the
appeal
vii. Draw award accordingly.
Sd/-
JUDGE
NMS
CT: BHK
