Karnataka High Court
Babu S/O Mallappa Budihal vs Mallappa S/O Siddappa Budihal on 16 January, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:1053
MFA No. 101425 of 2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 16TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.101425 OF 2020 (ECA)
BETWEEN:
BABU S/O. MALLAPPA BUDIHAL,
AGE: 35 YEAR, OCC: NIL,
R/O EBMATTANAL, TQ: B. BAGEWADI,
DIST: VIJAYAPUR-586101.
...APPELLANT
(BY SRI. PRASHANT S.KADADEVAR, ADVOCATE)
AND:
1. MALLAPPA S/O. SIDDAPPA BUDIHAL,
AGE: 56 YEARS, OCC: OWNER OF
CRUSHER VEHICLE BEARING NO. KA28/N0716,
R/O: EBMATTANAL, TQ: B.BAGEWADI,
DT: VIJAYAPUR-586101.
2. THE BRANCH MANAGER,
UNITED INDIA INSURANCE COMPANY LTD.,
MELLIGERI COMPLEX, KALADGI ROAD,
Digitally
signed by
BAGALKOT-587101.
SAMREEN
SAMREEN
AYUB ...RESPONDENTS
AYUB DESHNUR
DESHNUR Date: (BY SRI. R.R. MANE, ADVOCATE FOR R2;
2024.01.29
15:26:48 R1 SERVED)
+0530
THIS MISCELLANEOUS FIRS APPEAL IS FILED UNDER SECTION
30(1) OF THE EMPLOYEES COMPENSATION ACT, 1923, AGAINST THE
JUDGMENT AND AWARD DTD.17.06.2019, PASSED IN
ECA.NO.53/2014, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE AND CHIEF JUDICIAL MAGISTRATE, BAGALKOT, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:1053
MFA No. 101425 of 2020
JUDGMENT
Though the matter is listed for admission, by consent of
parties, the matter is taken up for final disposal.
2. Heard Shri. Prashant S. Kadadevar, learned
counsel for the appellant and Shri. R. R. Mane, learned counsel
for respondent No.2.
3. Present appeal is filed by the claimant challenging
the judgment and award passed in ECA No.53/2014 dated
17.06.2019 on the file of Principal Senior Civil Judge and CJM,
Bagalkote.
4. Facts in brief which are utmost necessary for
disposal of the present appeal are as under:
4.1. A claim petition came to be filed under Section 22
of the Workmen Compensation Act, 1923 (for short 'the W.C.
Act), seeking awarding of compensation in a sum of
Rs.5,00,000/- for the injuries sustained by the claimant in the
accident occurred during the course of his employment
involving a Cruiser vehicle bearing registration No.KA-28/N-
0716 on 20.07.2012.
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5. The claim petition was resisted by the Insurance
Company by filling necessary written statement. Whereas, the
employer remained absent and he was placed exparte.
6. The learned Trial Judge raised necessary issues
thereafter and considered the oral and documentary evidence
placed on record by the claimant as well as the Insurance
Company and allowed the claim petition in part and awarded a
sum of Rs.86,960/- with interest at the rate of 12% per annum
from the date of petition till the date of realization.
7. Being aggrieved by the same, the claimant is in
appeal.
8. Shri. Prashant S. Kadadevar, learned counsel for
the appellant contended that the Tribunal has not taken the
proper monthly income and it should have been taken at the
rate of Rs.6,500/- as monthly income, for the injuries said to
have been sustained in the year 2012 and therefore, sought for
re-assessment of the compensation.
9. He also contended that because of the accidental
injuries, earning capacity has been reduced to a considerable
extent and sought for suitable enhancement.
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10. Per contra, Shri. R. R. Mane, learned counsel for
respondent No.2 opposes the appeal grounds and supports the
impugned judgment and award and sought for dismissal of the
appeal.
11. In view of the rival contentions urged by the
parties, this Court perused the material on record meticulously.
12. On such perusal of the material on record, it is seen
that the claimant has established accidental injuries during the
course of his employment involving a vehicle bearing
registration No.KA-28/N-0716.
13. In the absence of proper income proof, and also
having taken note of the fact that first respondent being the
employer who remained absent before the Trial Court and
placed exparte, the only course that was open for the Tribunal
was to assess the monthly income assessed notionally for the
accidental injuries sustained in the year 2012 in a sum of
Rs.4,000/- per month. It should have been Rs.6,500/- per
month. Therefore, a case is made out by the claimant for
enhancement of the compensation.
14. Therefore, loss of earning capacity is to be re-
assessed by taking monthly income in a sum of Rs.6,500/-,
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60% of which in a sum of Rs.3,900/-. Disability was assessed
by the Tribunal at 5% is to be re-assessed at 15%, taking note
of the fact that the treated doctor who has been examined has
assessed the disability at 15%.
15. Accordingly, the quantum of compensation is re-
assessed as under:
1 Loss of earning capacity [6500 Rs.1,21,668/-
(60% = 3900)
(3900X207.98X15%)
2 Medical Expenses Rs.61,870/-
Total Rs.1,83,538/-
16. In view of the above discussion, the following order
is passed:
ORDER
(i) Appeal is allowed in part.
(ii) As against the sum of Rs.86,960/- as
awarded by the Tribunal, the claimant would be
entitled the compensation to a sum of Rs.1,83,538/-
with interest at the rate of 12% p.a., 30 days after
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the date of accident i.e., from 20.08.2012 till
deposit.
(iii) Balance sum if any is to be deposited by
the Insurance Company within a period of four
weeks.
Sd/-
JUDGE
SMM
