United Inida Insurance Co .Ltd vs Prakash S/O M.K.Bhimanna
2024 Latest Caselaw 1332 Kant

Karnataka High Court

United Inida Insurance Co .Ltd vs Prakash S/O M.K.Bhimanna on 16 January, 2024

Author: V.Srishananda

Bench: V.Srishananda

                                                -1-
                                                      NC: 2024:KHC-D:1395
                                                        MFA No. 21420 of 2012
                                    C/W MFA No. 21421 of 2012, MFA No. 21422
                                      of 2012, MFA No. 21423 of 2012, MFA No.
                                         21424 of 2012, MFA No. 21425 of 2012


                    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.21420 OF 2012 (WC)
                                               C/W
                        MISCELLANEOUS FIRST APPEAL NO.21421 OF 2012
                        MISCELLANEOUS FIRST APPEAL NO.21422 OF 2012
                        MISCELLANEOUS FIRST APPEAL NO.21423 OF 2012
                        MISCELLANEOUS FIRST APPEAL NO.21424 OF 2012
                        MISCELLANEOUS FIRST APPEAL NO.21425 OF 2012

                   IN M. F. A. NO.21420 OF 2012
                   BETWEEN:
                   UNITED INIDA INSURANCE CO .LTD.,
                   THE DIVISIONAL MANAGER,
                   BELLARY DISTRICT REPRESENTED BY ITS
                   THE DIVISIONAL MANAGER.
                                                                  ...APPELLANT
Digitally signed
                   (BY SMT. PREETI SHASHANK, ADVOCATE AND
by SAMREEN
AYUB
                       SRI. SHASHANK HEGDE, ADVOCATE)
DESHNUR
Date:
2024.02.03
12:53:49 +0530
                   AND:

                   1.   SRI. PRAKASH S/O. M.K. BHIMANNA,
                        AGE: 26 YEARS, OCC: EX.DRIVER,
                        R/O: KOWLA BAZAR, DIST: BELLARY.

                   2.   SRI. G. AANJANEYA S/O. ANJINAPPA,
                        AGE: MAJOR,
                        R/O: NEAR WATER TANK, KOWLA BAZAR,
                        DIST: BELLARY.
                        (OWNER OF LORRY NO.AP-02/V-1154)
                                                               ...RESPONDENTS
                   (BY SRI. K.ANAND KUMAR, ADVOCATE FOR R1;
                       SRI. T.M. NADAF, ADVOCATE FOR R2)
                              -2-
                                   NC: 2024:KHC-D:1395
                                     MFA No. 21420 of 2012
                 C/W MFA No. 21421 of 2012, MFA No. 21422
                   of 2012, MFA No. 21423 of 2012, MFA No.
                      21424 of 2012, MFA No. 21425 of 2012



     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 30(1) OF THE W.C.ACT 1923, AGAINST THE JUDGEMENT
AND    AWARD    DATED:    12.12.2011,  PASSED    IN   LOB-
1/CWC/CR/76/2011 ON THE FILE OF THE LABOUR OFFICER AND
WORKMEN'S COMPENSATION COMMISSIONER, SUB-DIVISION-2,
BELLARY, AWARDING THE COMPENSATION OF RS.1,47,467/- WITH
INTEREST AT THE RATE OF 12% P.A. FROM THE DATE OF PETITION
AND SHALL BE DEPOSITED WITHIN ONE MONTH FROM THE DATE OF
THE ORDER.


IN M. F. A. NO.21421 OF 2012
BETWEEN:
UNITED INIDA INSURANCE CO .LTD.,
THE DIVISIONAL MANAGER,
BELLARY DISTRICT REPRESENTED BY ITS
THE DIVISIONAL MANAGER.
                                               ...APPELLANT
(BY SMT. PREETI SHASHANK, ADVOCATE AND
    SRI. SHASHANK HEGDE, ADVOCATE)

AND:

1.   SRI. JILAN S/O. GANISAB,
     AGE: 22 YEARS, OCC: EX.CLEANER,
     R/O: NEAR 1ST RAILWAY GATE,
     KOWLA BAZAR, TQ. AND DIST. BELLARY.

2.   SRI. G. ANJANEYA S/O. ANJINAPPA,
     AGE: MAJOR,
     R/O: NEAR WATER TANK, KOWLA BAZAR,
     DIST: BELLARY.
     (OWNER OF LORRY NO.AP-02/V-1154)
                                            ...RESPONDENTS
(BY SRI. K.ANAND KUMAR, ADVOCATE FOR R1;
    SRI. T.M. NADAF, ADVOCATE FOR R2)

     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 30(1) OF THE W.C.ACT 1923, AGAINST THE JUDGEMENT
AND   AWARD     DATED:   12.12.2011,   PASSED   IN  LOB-
1/CWC/CR/77/2011 ON THE FILE OF THE LABOUR OFFICER AND
WORKMEN'S COMPENSATION COMMISSIONER, SUB-DIVISION-2,
BELLARY, AWARDING THE COMPENSATION OF RS.1,34,400/- WITH
                              -3-
                                   NC: 2024:KHC-D:1395
                                     MFA No. 21420 of 2012
                 C/W MFA No. 21421 of 2012, MFA No. 21422
                   of 2012, MFA No. 21423 of 2012, MFA No.
                      21424 of 2012, MFA No. 21425 of 2012


INTEREST AT THE RATE OF 12% P.A. FROM THE DATE OF PETITION
AND SHALL BE DEPOSITED WITHIN ONE MONTH FROM THE DATE OF
THE ORDER.

IN M. F. A. NO.21422 OF 2012
BETWEEN:
UNITED INIDA INSURANCE CO .LTD.,
THE DIVISIONAL MANAGER,
BELLARY DISTRICT REPRESENTED BY ITS
THE DIVISIONAL MANAGER.


                                               ...APPELLANT
(BY SMT. PREETI SHASHANK, ADVOCATE AND
    SRI. SHASHANK HEGDE, ADVOCATE)

AND:

1.   SRI. SHIVAKUMAR S/O. EERAYYA,
     AGE: 22 YEARS, OCC: EX.LOADER,
     R/O: NEAR 1ST RAILWAY GATE,
     KOWLA BAZAR, TQ. AND DIST. BELLARY.

2.   SRI. G. ANJANEYA S/O. ANJINAPPA,
     AGE: MAJOR,
     R/O: NEAR WATER TANK, KOWLA BAZAR,
     DIST: BELLARY.
     (OWNER OF LORRY NO.AP-02/V-1154)

                                            ...RESPONDENTS

(BY SRI. K.ANAND KUMAR, ADVOCATE FOR R1;
    SRI. T.M. NADAF, ADVOCATE FOR R2)

     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 30(1) OF THE W.C.ACT 1923, AGAINST THE JUDGEMENT
AND    AWARD    DATED:    12.12.2011,  PASSED    IN   LOB-
1/CWC/CR/78/2011 ON THE FILE OF THE LABOUR OFFICER AND
WORKMEN'S COMPENSATION COMMISSIONER, SUB-DIVISION-2,
BELLARY, AWARDING THE COMPENSATION OF RS.1,31,040/- WITH
INTEREST AT THE RATE OF 12% P.A. FROM THE DATE OF PETITION
AND SHALL BE DEPOSITED WITHIN ONE MONTH FROM THE DATE OF
THE ORDER.
                              -4-
                                   NC: 2024:KHC-D:1395
                                     MFA No. 21420 of 2012
                 C/W MFA No. 21421 of 2012, MFA No. 21422
                   of 2012, MFA No. 21423 of 2012, MFA No.
                      21424 of 2012, MFA No. 21425 of 2012




IN M. F. A. NO.21423 OF 2012
BETWEEN:
UNITED INIDA INSURANCE CO .LTD.,
THE DIVISIONAL MANAGER,
BELLARY DISTRICT REPRESENTED BY ITS
THE DIVISIONAL MANAGER.

                                               ...APPELLANT
(BY SMT. PREETI SHASHANK, ADVOCATE AND
    SRI. SHASHANK HEGDE, ADVOCATE)

AND:

1.   SRI. MANJU S/O. MARIYAPPA,
     AGE: 22 YEARS, OCC: EX.LOADER,
     R/O: SELECT FUNCTION HALL,
     KOWLA BAZAR, TQ. AND DIST. BELLARY.

2.   SRI. G. ANJANEYA S/O. ANJINAPPA,
     AGE: MAJOR,
     R/O: NEAR WATER TANK, KOWLA BAZAR,
     DIST: BELLARY.
     (OWNER OF LORRY NO.AP-02/V-1154)

                                            ...RESPONDENTS
(BY SRI. K.ANAND KUMAR, ADVOCATE FOR R1;
    SRI. T.M. NADAF, ADVOCATE FOR R2)

     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 30(1) OF THE W.C.ACT 1923, AGAINST THE JUDGEMENT
AND    AWARD    DATED:    12.12.2011,  PASSED    IN   LOB-
1/CWC/CR/79/2011 ON THE FILE OF THE LABOUR OFFICER AND
WORKMEN'S COMPENSATION COMMISSIONER, SUB-DIVISION-2,
BELLARY, AWARDING THE COMPENSATION OF RS.1,31,040/- WITH
INTEREST AT THE RATE OF 12% P.A. FROM THE DATE OF PETITION
AND SHALL BE DEPOSITED WITHIN ONE MONTH FROM THE DATE OF
THE ORDER.
                              -5-
                                   NC: 2024:KHC-D:1395
                                     MFA No. 21420 of 2012
                 C/W MFA No. 21421 of 2012, MFA No. 21422
                   of 2012, MFA No. 21423 of 2012, MFA No.
                      21424 of 2012, MFA No. 21425 of 2012


IN M. F. A. NO.21424 OF 2012
BETWEEN:
UNITED INIDA INSURANCE CO .LTD.,
THE DIVISIONAL MANAGER,
BELLARY DISTRICT REPRESENTED BY ITS
THE DIVISIONAL MANAGER.

                                               ...APPELLANT
(BY SMT. PREETI SHASHANK, ADVOCATE AND
    SRI. SHASHANK HEGDE, ADVOCATE)

AND:

1.   SRI. MAABUSAB S/O. MAHAMADINI,
     AGE: 24 YEARS, OCC: EX.LOADER,
     R/O: SELECT FUNCTION HALL,
     KOWLA BAZAR, TQ. AND DIST. BELLARY.

2.   SRI. G. ANJANEYA S/O. ANJINAPPA,
     AGE: MAJOR,
     R/O: NEAR WATER TANK, KOWLA BAZAR,
     DIST: BELLARY.
     (OWNER OF LORRY NO.AP-02/V-1154)


                                            ...RESPONDENTS
(BY SRI. K.ANAND KUMAR, ADVOCATE FOR R1;
    SRI. T.M. NADAF, ADVOCATE FOR R2)

     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 30(1) OF THE W.C.ACT 1923, AGAINST THE JUDGEMENT
AND    AWARD    DATED:    12.12.2011,  PASSED    IN   LOB-
1/CWC/CR/80/2011 ON THE FILE OF THE LABOUR OFFICER AND
WORKMEN'S COMPENSATION COMMISSIONER, SUB-DIVISION-2,
BELLARY, AWARDING THE COMPENSATION OF RS.1,51,085/- WITH
INTEREST AT THE RATE OF 12% P.A. FROM THE DATE OF PETITION
AND SHALL BE DEPOSITED WITHIN ONE MONTH FROM THE DATE OF
THE ORDER.
                              -6-
                                   NC: 2024:KHC-D:1395
                                     MFA No. 21420 of 2012
                 C/W MFA No. 21421 of 2012, MFA No. 21422
                   of 2012, MFA No. 21423 of 2012, MFA No.
                      21424 of 2012, MFA No. 21425 of 2012


IN M. F. A. NO.21425 OF 2012
BETWEEN:
UNITED INIDA INSURANCE CO .LTD.,
THE DIVISIONAL MANAGER,
BELLARY DISTRICT REPRESENTED BY ITS
THE DIVISIONAL MANAGER.

                                               ...APPELLANT
(BY SMT. PREETI SHASHANK, ADVOCATE AND
    SRI. SHASHANK HEGDE, ADVOCATE)

AND:

1.   SRI. SALEEM S/O. EJAZ,
     AGE: 23 YEARS, OCC: EX.LOADER,
     R/O: SELECT FUNCTION HALL,
     KOWLA BAZAR, TQ. AND DIST. BELLARY.

2.   SRI. G. ANJANEYA S/O. ANJINAPPA,
     AGE: MAJOR,
     R/O: NEAR WATER TANK, KOWLA BAZAR,
     DIST: BELLARY.
     (OWNER OF LORRY NO.AP-02/V-1154)

                                            ...RESPONDENTS

(BY SRI. K.ANAND KUMAR, ADVOCATE FOR R1;
    SRI. T.M. NADAF, ADVOCATE FOR R2)

     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 30(1) OF THE W.C.ACT 1923, AGAINST THE JUDGEMENT
AND    AWARD    DATED:    12.12.2011,  PASSED    IN   LOB-
1/CWC/CR/81/2011 ON THE FILE OF THE LABOUR OFFICER AND
WORKMEN'S COMPENSATION COMMISSIONER, SUB-DIVISION-2,
BELLARY, AWARDING THE COMPENSATION OF RS.1,51,999/- WITH
INTEREST AT THE RATE OF 12% P.A. FROM THE DATE OF PETITION
AND SHALL BE DEPOSITED WITHIN ONE MONTH FROM THE DATE OF
THE ORDER.

     THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
                                 -7-
                                      NC: 2024:KHC-D:1395
                                         MFA No. 21420 of 2012
                     C/W MFA No. 21421 of 2012, MFA No. 21422
                       of 2012, MFA No. 21423 of 2012, MFA No.
                          21424 of 2012, MFA No. 21425 of 2012




                           JUDGMENT

Though the matter is listed for admission, with the

consent of the parties matters are taken up for final

disposal.

2. These six appeals are filed by the United National

Insurance company challenging the award passed by the

Labour Officer and Workmen's Compensation

Commissioner, Sub Division-2, Bellary in LOB-1 / CWC /

CR-76 /2011, 77/2011, 78/2011, 79/2011, 80/2011 and

81/2011 challenging the quantum of compensation as well

as liability.

3. Heard Smt.Preethi Shashank for insurance company,

Sri. T.M.Nadaf for owner of the lorry and Sri.Anand Kumar

for claimant.

4. Facts in brief which are utmost necessary for disposal

of appeals are as under;

NC: 2024:KHC-D:1395

C/W MFA No. 21421 of 2012, MFA No. 21422 of 2012, MFA No. 21423 of 2012, MFA No. 21424 of 2012, MFA No. 21425 of 2012

4.1 Lorry bearing No.AP-02/V-1154 owned by

Sri.Anjaneya S/o Anjinappa met with road traffic accident,

where by the claimants are in all these appeals being

inmates of the lorry who are proceeding for loading

harvested paddy suffered injuries. All the claimants filed

claim petitions under the Workmen's Compensation Act in

the aforesaid claim petitions.

4.2 Claim petitions were contested by filing necessary

written statement by the insurance company. Owner

admitted that the claimants are employees employed by

him on the day of incident and also admitted the accident.

4.3 Learned Commissioner of Workmen's Compensation

Act, 1923 (For short 'CWC') raised necessary issues and

after considering oral and documentary evidence placed on

record by the parties in a cumulative manner allowed the

claim petitions in part as under by fastening the liability on

the insurance company.

NC: 2024:KHC-D:1395

C/W MFA No. 21421 of 2012, MFA No. 21422 of 2012, MFA No. 21423 of 2012, MFA No. 21424 of 2012, MFA No. 21425 of 2012

Sl. MFA No. WC No. Compensation No. awarded (Rs.) 1 MFA No.21420/2012 LOB-1/CWC/CR- 1,47,467-00 76/2011, 2 MFA No.21421/2012 LOB-1/CWC/CR- 1,34,400-00 77/2011, 3 MFA No.21422/2012 LOB-1/CWC/CR- 1,31,040-00 78/2011, 4 MFA No.21423/2012 LOB-1/CWC/CR- 1,31,040-00 79/2011, 5 MFA No.21424/2012 LOB-1/CWC/CR- 1,51,085-00 80/2011, 6 MFA No.21425/2012 LOB-1/CWC/CR- 1,51,999-00 81/2011,

5. Being aggrieved by the liability fastened on the

insurance company and also on the quantum of

compensation, the insurance company has filed present

appeals.

6. Reiterating the grounds urged in the appeal

memorandum Smt.Preethi Shashank vehemently

contended that CWC has grossly erred in allowing the

claim petitions as referred supra and sought for allowing

the appeals.

- 10 -

NC: 2024:KHC-D:1395

C/W MFA No. 21421 of 2012, MFA No. 21422 of 2012, MFA No. 21423 of 2012, MFA No. 21424 of 2012, MFA No. 21425 of 2012

7. She further contended that the policy covers only for

three persons and therefore, Insurance Company is liable

for payment of compensation to only three members and

for the rest of the claimants, they should proceed against

the owner.

8. She also contended that having regard to the nature

of accident and doctors evidence that they have been only

treated clinically by the doctors, the compensation

awarded by the CWC is also incorrect and sought for

allowing the appeals.

9. Per contra, Sri.K.Anandkumar, learned counsel

representing the claimants in all the appeals supported the

impugned judgment and sought for dismissal of the

appeals by following the principles of law enunciated in the

case of National Insurance Company Limited

vs.Alipeer and Another reported in ILR 2006 KAR 947

passed by the Co-ordinate Bench of this Court and sought

for dismissal of the appeals.

- 11 -

NC: 2024:KHC-D:1395

C/W MFA No. 21421 of 2012, MFA No. 21422 of 2012, MFA No. 21423 of 2012, MFA No. 21424 of 2012, MFA No. 21425 of 2012

10. Sri.T.M.Nadaf, learned counsel representing the

owner while adopting the arguments put forth on behalf of

claimants, contended that fastening of liability on the

Insurance Company is perfectly valid and sought for

dismissal of the appeals.

11. He also contended that in the event of this Court

accepting the argument of the Insurance Company, three

highest claims amongst the claimants be fastened on to

the Insurance Company as the lorry had valid insurance

policy as on the date of the accident and in respect of

balance three claims, the quantum of compensation be

reduced taking note of the injuries sustained by the

claimants.

12. Having heard the learned counsels for the parties in

detail, this Court perused the materials on record

meticulously.

13. On such perusal of the material on record, accidental

injuries sustained by the claimants being the inmates of

- 12 -

NC: 2024:KHC-D:1395

C/W MFA No. 21421 of 2012, MFA No. 21422 of 2012, MFA No. 21423 of 2012, MFA No. 21424 of 2012, MFA No. 21425 of 2012

lorry bearing No.AP-02/V-1154 on 27.05.2011 is

established by placing necessary evidence on record.

14. However, with regard to the nature of injuries, there

are some discrepancies as is rightly argued by Smt.Preeti

Shashank.

15. Taking note of the said aspects of the matter, this

Court finds sufficient force that in the absence of proper

proof of injuries sustained by the claimants, quantum of

compensation as ordered by the CWC needs to be

reduced.

16. This would take this Court to the next question,

namely, whether the Insurance Company is liable to pay

compensation in respect of all the six claims.

17. Smt.Preeti Shashank invites attention of this Court

that sitting capacity of lorry was only three and there are

six claims. In such circumstances, it is settled principles of

law that the Insurance Company is bound to pay the

- 13 -

NC: 2024:KHC-D:1395

C/W MFA No. 21421 of 2012, MFA No. 21422 of 2012, MFA No. 21423 of 2012, MFA No. 21424 of 2012, MFA No. 21425 of 2012

highest claims for the persons who are covered under the

policy.

18. No doubt, Rule 100 of Motor Vehicles Rules

prescribes for covering more than of passengers of 2+1

including driver and in case of lorry if there is contract to

cover the risk. In the case on hand, there is no such

contract to cover more than three persons. Hence, the

same is not applicable to the facts of the case.

19. In the case on hand, the claimants, Prakash,

Mabusab and Saleem were awarded Rs.1,47,467/-,

Rs.1,51,085 and Rs.1,51,999/- respectively. Therefore,

their claims have to be paid by the Insurance Company.

20. In respect of the claims made by Jlian, Shivakumar

and Manju, who were awarded Rs.1,34,400/-,

Rs.1,31,040/- and Rs.1,31,040/- respectively, it is the

owner who has to pay the compensation.

21. Having taken note of the above aspects, in the

absence of proper proof of medical evidence, instead of

- 14 -

NC: 2024:KHC-D:1395

C/W MFA No. 21421 of 2012, MFA No. 21422 of 2012, MFA No. 21423 of 2012, MFA No. 21424 of 2012, MFA No. 21425 of 2012

remitting the matter to CWC for fresh disposal in

accordance with law, reduction of quantum of

compensation globally would meet the ends of justice.

22. Accordingly, in respect of claims by Prakash,

Mabusab and Saleem, if the compensation is reduced to

Rs.1,25,000/- each with interest at 12% per annum would

meet the ends of justice.

23. Insofar as claims by Jlian, Shivakumar and Manju, if

the compensation is reduced to Rs.1,00,000/- each with

interest at 12% per annum would meet the ends of

justice.

24. In view of the foregoing discussions, following order

is passed:

ORDER

(i) Appeal in MFA No.21420/2012 is allowed in part.

- 15 -

NC: 2024:KHC-D:1395

C/W MFA No. 21421 of 2012, MFA No. 21422 of 2012, MFA No. 21423 of 2012, MFA No. 21424 of 2012, MFA No. 21425 of 2012

(ii) As against Rs.1,47,467/- awarded by the CWC, the claimant is entitled to Rs.1,25,000/- with interest at 12% per annum as per the award by CWC, payable by the Insurance Company.

(iii) Appeal in MFA No.21424/2012 is allowed in part.

(iv) As against Rs.1,51,085/- awarded by the CWC, the claimant is entitled to Rs.1,25,000/- with interest at 12% per annum as per the award by CWC, payable by the Insurance Company.

(v) Appeal in MFA No.21425/2012 is allowed in part.

(vi) As against Rs.1,51,999/- awarded by the CWC, the claimant is entitled to Rs.1,25,000/- with interest at 12% per annum as per the award by CWC, payable by the Insurance Company.

(vii) Amount in deposit, if any, in MFA No.21420/2012 , MFA No.21424/2012 and MFA No.21425/2012 is ordered to be transmitted to the CWC forthwith for disbursement.

- 16 -

NC: 2024:KHC-D:1395

C/W MFA No. 21421 of 2012, MFA No. 21422 of 2012, MFA No. 21423 of 2012, MFA No. 21424 of 2012, MFA No. 21425 of 2012

(viii) Appeal in MFA No.21421/2012 is allowed.

(ix) As against Rs.1,34,400/- awarded by the CWC, the claimant is entitled to Rs.1,00,000/- with interest at 12% per annum as per the award by CWC, payable by the owner of the lorry.

(x) Appeal in MFA No.21422/2012 is allowed.

(xi) As against Rs.1,31,040/- awarded by the CWC, the claimant is entitled to Rs.1,00,000/- with interest at 12% per annum as per the award by CWC, payable by the owner of the lorry.

(xii) Appeal in MFA No.21423/2012 is allowed.

(xiii) As against Rs.1,31,040/- awarded by the CWC, the claimant is entitled to Rs.1,00,000/- with interest at 12% per annum as per the award by CWC, payable by the owner of the lorry.

(xiv) The respondent - owner is directed to deposit the compensation within six weeks from today.

- 17 -

NC: 2024:KHC-D:1395

C/W MFA No. 21421 of 2012, MFA No. 21422 of 2012, MFA No. 21423 of 2012, MFA No. 21424 of 2012, MFA No. 21425 of 2012

(xv) Amount in deposit, if any, in MFA No.21421/2012, MFA No.21422/2012 and MFA No.21423/2012 is ordered to be returned to the Insurance Company under due identification.

Sd/-

JUDGE

HMB- Upto para 6 SH- Para 7 to end