Karnataka High Court
Smt. Anita W/O Satyappa Nerli vs Sri. Sagar Balachandra Khemalapure on 19 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:4010
MFA No. 102756 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 19TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.102756 OF 2016 (WC)
BETWEEN:
1. SMT. ANITA W/O. SATYAPPA NERLI
AGE: 26 YEARS, OCC: HOUSEHOLD WORK,
R/O: NAGARMUNNOLI, TQ:CHIKKODI,
DIST:BELAGAVI.
2. KUMARI AKSHATA D/O. SATYAPPA NERLI
AGE: 15 YEARS, OCC: STUDENT,
R/O: NAGARMUNNOLI, TQ:CHIKKODI,
DIST:BELAGAVI.
3. KUMAR SACHIN S/O. SATYAPPA NERLI,
AGE:13 YEARS, OCC:STUDENT,
R/O NAGARMUNNOLI, TQ:CHIKKODI,
DIST:BELAGAVI.
Digitally signed
by SAMREEN 4. KUMARI ARATI D/O. SATYAPPA NERLI
SAMREEN AYUB
AYUB DESHNUR
AGE: 11 YEARS, OCC: STUDENT,
DESHNUR Date:
2024.02.23
16:57:07 +0530 R/O: NAGARMUNNOLI, TQ:CHIKKODI,
DIST:BELAGAVI.
APPELLANT NOS.2 TO 4 ARE MINOR
REPRESENTED BY THEIR NATURAL
GUARDIAN MOTHER APPELLANT NO.1.
5. SMT. SHIVUBAI W/O. SIDDAPPA NERLI
AGE: 62 YEARS, OCC: HOUSEHOLD WORK,
R/O: NAGARMUNNOLI, TQ:CHIKKODI,
DIST:BELAGAVI.
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NC: 2024:KHC-D:4010
MFA No. 102756 of 2016
...APPELLANTS
(BY SRI. RAJENDRA R.PATIL, ADVOCATE)
AND:
1. SRI. SAGAR BALACHANDRA KHEMALAPURE
AGE: 52 YEARS, OCC: CONTRACTOR,
R/O: KABBUR, TQ:CHIKKODI,
DIST:BELAGAVI,
SINCE DECEASED BY HIS L.R.
1A. SRI. SHANTINATH S/O. SAGAR KHEMALAPURE,
AGE:40 YEARS, OCC:BUSINESS,
R/O: KABBUR, TQ:CHIKKODI,
DIST:BELAGAVI.
2. THE DIVISIONAL MANAGER,
THE UNITED INDIA INSURANCE CO. LTD.,
DIVISIONAL OFFICE, MARUTI GALLI,
BELAGAVI.
...RESPONDENTS
(BY SRI. S.S. KOLIWAD, ADVOCATE FOR R2;
R1 SERVED)
THIS M.F.A. IS FILED U/S.30(1) OF THE EMPLOYEES
COMPENSATION ACT, 1923, AGAINST THE JUDGMENT AND
AWARD DATED:07.04.2016, PASSED IN ECA.NO.136/2014, ON
THE FILE OF THE 1-ADDITIONAL SENIOR CIVIL JUDGE &
COMMISSIONER FOR WORKMENS COMPENSATION, BELAGAVI,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS M.F.A., COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:4010
MFA No. 102756 of 2016
JUDGMENT
Though matter is listed for admission, with the
consent of the learned counsel for the parties, matter is
taken up for final disposal.
2. Claimants appeal challenging he inadequacy of the
quantum of compensation in ECA No.136/2014 dated
07.04.2016 on the file of I Addl. Senior Civil Judge and
Commissioner for Workmens Compensation, Belagavi .
3. Admitted facts are that the Satyappa Nerli being
employee of the first respondent and driver of the truck
bearing No. KA-24/7745 lost his life during the course of
employment.
4. Tribunal on contest allowed the claim petition in part
and granted sum of Rs.5,65,700/- with interest at 12%
after expiry of one month from the date of death till
realization.
5. Being aggrieved by the same, claimants are in
appeal.
6. Sri.Rajendra R.Patil reiterating he grounds urged in
the appeal memorandum contended that the tribunal erred
NC: 2024:KHC-D:4010
in not properly assessing the monthly income in a sum of
Rs.8,000/- as against the sum of Rs.6,000/- and therefore
sought for enhancement of compensation.
7. Sri.S.S.Koliwad however supported the impugned
judgment.
8. In view of the rival contentions of the parties, this
court has perused the material on record meticulously.
9. On such perusal of the material on record, death of
Satyappa Siddappa Nerli being driver of the truck bearing
No.KA-24/7745 belonging to the first respondent stands
established by placing necessary oral and documentary
evidence on record.
10. Therefore, what remains before this court is proper
assessment of the quantum of compensation which is to
be reassessed by taking monthly income in a sum of
Rs.8,000/- per month and the same is re-assessed as
under.
Loss of dependency = Rs. 7,47,600/-
(Rs.8,000X50%=Rs.4,000X186.90= 7,47,600/-)
Funeral expenses = Rs. 5,000-00
Total = Rs.7,52,600-00
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11. Accordingly, the following:
ORDER
i) Appeal allowed in part.
ii) As against sum of Rs.5,65,700/- claimants are
entitled for compensation in a sum of
Rs.7,52,600-00 with interest at 12% p.a. from
the date of expiry of one month of accident till
realization.
Sd/-
JUDGE
HMB
