Karnataka High Court
Akkamma W/O. Basappa Devagappanavar vs Veerappa S/O Channabasappa ... on 29 February, 2024
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NC: 2024:KHC-D:4675
MFA No. 103297 of 2017
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 29TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 103297 OF 2017 (ECA)
BETWEEN:
1. AKKAMMA
W/O. BASAPPA DEVAGAPPANAVAR,
AGE: 48 YEARS,
OCC: HOUSEHOLD,
R/O. DAMBARMATTUR,
TQ: SAVANUR,
DIST: HAVERI.
2. BASAPPA
S/O. VEERAPPA DEVAGAPPANAVAR,
AGE: 51 YEARS,
OCC: COOLIE,
ROHAN R/O. DAMBARMATTUR,
HADIMANI
T TQ: SAVANUR,
Digitally signed
DIST: HAVERI.
by ROHAN
HADIMANI T
Date: 2024.03.05
11:26:01 +0530 3. SAVITA
D/O. BASAPPA DEVAGAPPANAVAR,
AGE: 25 YEARS,
OCC: STUDENT,
R/O. DAMBARMATTUR,
TQ: SAVANUR,
DIST: HAVERI.
4. IRAVVA
D/O. BASAPPA DEVAGAPPANAVAR,
AGE: 23 YEARS,
OCC: STUDENT,
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NC: 2024:KHC-D:4675
MFA No. 103297 of 2017
R/O. DAMBARMATTUR,
TQ: SAVANUR,
DIST: HAVERI.
...APPELLANTS
(BY SRI. B. M. PATIL, ADVOCATE)
AND:
1. VEERAPPA
S/O. CHANNABASAPPA SURALIHALLI,
AGE: MAJOR,
OCC: OWNER OF THE LORRY
BEARING ITS REG.NO.KA-27/A-0664,
R/O. STATION ROAD,
DIST: HAVERI.
2. THE MANAGER,
UNITED INDIA INSURANCE CO. LTD,
MOKTALI BUILDING,
HANGAL ROAD, HAVERI.
...RESPONDENTS
(BY SRI. S. S. KOLIWAD, ADV. FOR R2;
NOTICE TO RESPONDENT NO.1 SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.30(1) OF
THE EMPLOYEES COMPENSATION ACT, 1923, PRAYING TO ALLOW
THIS APPEAL BY ENHANCING THE COMPENSATION FROM RS.
6,55,410/- TO RS.10,00,000/- BY MODIFYING THE JUDGMENT AND
AWARD OF THE PRL. SENIOR CIVIL JUDGE AND COMMISSIONER FOR
EMPLOYEES COMPENSATION, HAVERI DATED 25-04-2017 IN ECA
NO.4/2014, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:4675
MFA No. 103297 of 2017
JUDGMENT
The present appeal is filed by the legal heirs of the
deceased Ganesh assailing the judgment and award dated
25.04.2017 in ECA.No.4/2014 of the Principal Senior Civil
Judge and Commissioner for Employees' Compensation,
Haveri (for short, 'Commissioner'), seeking for enhanced
compensation.
2. Brief facts leading to filing of this appeal are
that on 28.04.2014 at about 11:30 PM, when one Ganesh
was discharging his duties under the instructions of
respondent No.1 as a driver of lorry bearing registration
No.KA-27/A-0664, at that time, the driver of the bus
bearing registration No. KA-17/F-1172 drove the same in
a rash and negligent manner and dashed to the lorry
driven by Ganesh. Due to the said impact, Ganesh
succumbed to the injuries on the spot during the course of
the employment. It is contended that the deceased
Ganesh was aged about 24 years and was getting wages
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of Rs.9,000/- per month and was earning daily bhatta of
Rs.200/- as on the date of the accident from the
respondent No.1, who was his employer. Hence, the
mother and 3 other dependants of deceased Ganesh filed
claim petition seeking the compensation of Rs.10,00,000/-
together with interest after 30 days from the date of the
accident till realization.
3. Respondent No.2/Insurance Company after
service of notice, entered appearance before the
Commissioner and filed objections by denying the age,
avocation and income of the deceased and sought
dismissal of the claim petition.
4. The petitioners to prove their case, examined
petitioner No.2 as PW1 and got marked 16 documents as
Exs.P1 to P16. No evidence was adduced on behalf of the
respondents.
5. The Commissioner after analyzing the evidence
available on record has awarded total compensation of
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Rs.6,55,410/- along with interest at 12% per annum from
28.05.2014 till its realization.
6. Being aggrieved by the quantum of
compensation, the present appeal is filed by the legal heirs
of the deceased, seeking enhancement of compensation.
7. Heard Sri. B.M.Patil, learned counsel for the
appellants and Sri. S.S.Koliwad, learned counsel for
respondent No.2/Insurance Company.
8. Learned counsel for the appellants submits that
the Commissioner has committed grave error in assessing
the income of the deceased at Rs.6,000/- per month which
is contrary to the 'Minimum Wages Notification' issued by
the Central Government for the year 2014. It is submitted
that the award of compensation by the Commissioner on
other heads is also on lower side. Hence, prays for
allowing the appeal.
9. Per contra, learned counsel for respondent
No.2/Insurance Company supports the impugned
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judgment and award of the Commissioner and submits
that the assessment of income by the Commissioner is
just and proper and it does not call for any enhancement.
Hence, he seeks for dismissal of the appeal.
10. I have heard the arguments of the learned
counsel for the appellants and learned counsel for
respondent No.2. Perused the material available on record.
11. This Court while admitting this appeal framed
following substantial questions of law:
"1) Whether the Court below has taken the correct
view in awarding the compensation to the appellants by
considering the income of Rs.6,000/- per month of the
deceased?
2) Whether the Court below has considered the
correct opinion in awarding the compensation to the
appellants by assigning the proper reasons?
3) Whether the Court below is justified in considering
the lower income of the deceased without appreciating
the evidence of the appellants?"
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12. The above substantial questions of law are
answered in favour of the appellants/claimants for the
following reasons.
13. It is not in dispute that on 28.04.2014 at about
11:30 PM when the deceased was discharging his duties
under the instructions of respondent No.1 as a driver of
lorry bearing registration No.KA-27/A-0664 at that time,
the driver of the bus bearing registration No. KA-17/F-
1172 drove the same in rash and negligent manner and
dashed to the deceased's lorry. Due to the said impact,
the deceased sustained grievous injuries and succumbed
to those injuries during the course of employment. The
pleadings and evidence on record indicate that the
deceased was aged about 24 years and getting wages of
Rs.9,000/- per month and was also getting bhatta of
Rs.200/- per day. However, the appellants have not placed
any evidence to substantiate the income claimed by them.
Taking note of the 'Minimum Wages Notification' issued by
the Central Government for the year 2014, it would be just
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and appropriate to assess the income of the deceased at
Rs.8,000/- per month. Taking note of the same, this Court
reassesses the compensation as under:
Rs.8,000 X 50/100 X 218.47 = Rs.8,73,880/-
14. The Commissioner committed an error while
granting interest on the compensation. It is well settled
law that the compensation in ECA cases shall carry interest
at the rate of 12% p.a. from thirty days after the date of
accident. Hence, in the instant case, the entire
compensation amount shall carry interest at 12% p.a.
from 30 days after the date of accident.
15. For the aforementioned reasons, I proceed to
pass the following:
ORDER
(i) The appeal is allowed in part.
(ii) The impugned judgment and award is modified to
an extent that the appellants/claimants shall be
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entitled to total compensation of Rs.8,73,880/- as
against Rs.6,55,410/- with interest at 12% p.a.
from 30 days after the date of accident.
(iii) The apportionment, deposit and disbursement of
enhanced compensation shall be made as per
award of the Commissioner.
(iv) Draw modified award accordingly.
Sd/-
JUDGE
RH
