Karnataka High Court
Appasaheb vs Yalagouda @ Yalagud on 12 January, 2024
Author: V.Srishananda
Bench: V.Srishananda
-1-
NC: 2024:KHC-D:817
MFA No. 100253 of 2014
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 12TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.100253 OF 2014 (WC)
BETWEEN:
1. SHRI. APPASAHEB S/O. BABUSAB DESAI,
AGE: 64 YEARS, OCC: NIL
2. SMT. GOUSABI W/O. APPASAHEB DESAI,
AGE: 58 YEARS, OCC: HOUSEHOLD WORK
3. SMT.RAZIYA W/O. BABAJAN DESAI,
AGE: 36 YEARS, OCC: HOUSEHOLD WORK,
4. KUMAR WASIM S/O. BABAJAN DESAI,
AGE: 20 YEARS, OCC: STUDENT,
5. KUMARI TAISHIM D/O. BABAJAN DESAI
AGE: 18 YEARS, OCC: STUDENT,
6. KUMARI SHABANAM D/O. BABAJAN DESAI
Digitally
signed by
AGE: 14 YEARS, OCC: STUDENT,
SAMREEN
SAMREEN AYUB
AYUB DESHNUR
DESHNUR Date: SINCE THE PETITIONER NO.6 IS MINOR
2024.01.29
15:31:08
+0530
REPRESENTED BY THEIR NATURAL GUARDIAN
MOTHER
ALL RESIDING AT ANKALAGI, TALUK: GOKAK,
DIST: BELAGAVI.
...APPELLANTS
(BY SMT. GEETHA K.M. @ PAWAR, ADVOCATE)
AND:
1. SRI. YALAGOUDA MARUTI PADAGURI,
AGE: MAJOR, OCC: BUSINESS,
R/O: HUDALI, TAL AND DIST: BELAGAVI.
-2-
NC: 2024:KHC-D:817
MFA No. 100253 of 2014
(OWNER OF TATA MAXI CAB
BEARING KA-22/A-9758)
2. THE SENIOR DIVISIONAL MANAGER,
THE ORIENTAL INSURANCE CO.LTD.,
DIVISIONAL OFFICE AT II FLOOR,
MADIWALE ARCADE, BELAGAVI.
INSURER OF TATA MAXI CAB
BERING NO.KA-22/A-9758)
POLICY NO.472504/312011/1911
VALID FROM1-10-2010 TO 30/09/2011)
...RESPONDENTS
(BY SRI. G.N. RAICHUR, ADVOCATE FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 30(1) OF WC ACT, 1923, AGAINST THE ORDER
DTD:07.09.2012 PASSED IN WC SR/NO.120/2011 ON THE FILE
OF THE LABOUR OFFICER AND COMMISSIONER FOR
WORKMENS COMPENSATION, SUB-DIVISION-I, BELAGAVI,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
HEARING, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Heard Smt.Geetha K.M. @ Pawar, learned counsel for
the appellants - claimants and Sri.G.N.Raichur, learned
counsel for the respondent - Insurance Company.
2. The claimants are in appeal challenging the
validity of the order passed by the Commissioner for
NC: 2024:KHC-D:817
Workmen Compensation (for short, 'CWC') in WC
SR/NO.120/2011 dated 07.09.2012.
3. In respect of a road traffic accident occurred on
20.09.2011 involving vehicle TATA Maxi Cab bearing
No.KA-22/D-9758, wherein Babajan lost his life, the
claimants have filed a claim petition before the CWC.
4. On contest, the claim petition came to be
allowed in part and compensation in a sum of
Rs.3,54,708/- with interest at 12% was awarded.
5. Being not satisfied with the said compensation,
the claimants are in appeal.
6. Reiterating the grounds urged in the appeal
memorandum, Smt.Geetha K.M. vehemently contended
that the award of compensation by the Tribunal is
incorrect and as per the notification issued by the Central
Government, minimum monthly income is to be assessed
at Rs.8000/- and sought for allowing the appeal.
NC: 2024:KHC-D:817
7. Per contra, Sri.G.N.Raichur, learned counsel for
the Insurance Company contended that even though there
cannot be any dispute as to the amount fixed under the
Central Government notification in a sum of Rs.8,000/- per
month, the deceased was a cleaner in the maxi cab.
8. He further contended that the claimants
themselves have stated that the deceased was earning
Rs.150/- per day and therefore the maximum amount that
could be taken for the purpose of computation of monthly
income is Rs.4,500/- and sought for passing suitable
orders.
9. In view of the rival contentions of the parties,
this Court perused the material on record meticulously.
10. On such perusal of material on record, in the
case on hand, loss of life of Babajan in a road traffic
accident involving a maxi cab bearing No.KA-22/D-9758 is
not in dispute.
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11. Admittedly, the deceased was working as a
cleaner in the said vehicle. The claimants themselves have
stated that he was earning Rs.150/- per day as salary.
Therefore, the monthly income is to be assessed at
Rs.4,500/- per month and not Rs.8,000/- as is contended
by the counsel for the claimants or Rs.3,600/- as is
computed by the learned CWC.
12. Therefore, a case has been made out by the
claimants for reassessment of compensation which is
reassessed as under:
i. Loss of dependency : Rs.4,43,385/-
(Rs.4,500 x 197.06 x 50/100)
ii. Towards funeral expenses : Rs.5,000/-
Total : Rs.4,48,385/-
13. In view of the foregoing discussion, following
order is passed:
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ORDER
(i) Appeal is allowed.
(ii) As against a sum of Rs.3,54,708/- awarded by
the CWC, the claimants would be entitled to
Rs.4,48,385/- with interest at 12% per annum
after 30 days of accident till realisation, less
interest for the delayed period of 438 days in
filing the appeal.
(iii) Insurance Company is granted four weeks time
to deposit balance amount.
Sd/-
JUDGE
SH
