Karnataka High Court
Smt. B. S. Rani vs M/S. Travancore Coffee Co., (Pvt) Ltd on 3 January, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2024:KHC:300
MFA No. 7268 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.7268 OF 2018 (WC)
BETWEEN:
1. SMT. B.S.RANI
AGED ABOUT 70 YEARS,
W/O B.A. SUBBAIAH,
R/AT KUDLU VILLAGE,
KUSHALNAGAR HOBLI,
SOMWARPET TALUK,
KODAGU DISTRICT - 571 232.
2. SRI. B.A .SUBBAIAH,
AGED ABOUT 83 YEARS,
S/O B.A.APPANNA
R/AT KUDLU VILLAGE,
KUSHALANAGAR HOBLI,
SOMWARPET TALUK,
Digitally signed by KODAGU DISTRICT - 571 232.
RAMYA D
Location: HIGH COURT
...APPELLANTS
OF KARNATAKA
(BY SMT. BHARATHI.M FOR
SRI. VENKATESH R.BHAGAT, ADVOCATE)
AND:
1. M/S. TRAVANCORE COFFEE CO., (PVT)LTD.,
INDUSTRIAL AREA KUDLOOR,
KUSHALANAGAR,
SOMWARPET TALUK
KODAGU DISTRICT - 571 232.
REP. BY ITS MANAGING DIRECTOR.
-2-
NC: 2024:KHC:300
MFA No. 7268 of 2018
2. THE MANAGER
THE NEW INDIA ASSURANCE CO.LTD.,
BRANCH MADIKERI,
KODAGU DISTRICT - 571 201.
...RESPONDENTS
(BY SRI.T.I.ABDUALLAH, ADV., FOR HEGDE ASSTS., FOR R1;
SRI. S.V.HEGDE MULKHAND, ADVOCATE FOR R2)
THIS MFA IS FILED U/S 30(1) OF WORKMEN
COMPENSATION ACT, AGAINST THE JUDGMENT AND ORDER
DATED 30/05/2015, PASSED IN ECA NO.13/2014, ON THE FILE
OF THE SENIOR CIVIL JUDGE AND CHIEF JUDICIAL
MAGISTRATE, KODAGU, MADIKERI, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The present appeal is filed by the
appellants/claimants challenging the judgment and award
dated 30.05.2015 passed in ECA.No.13/2014 by the
Senior Civil Judge and Chief Judicial Magistrate, Kodagu,
Madikeri, for seeking enhancement of compensation.
2. The factum of accident, death of the deceased
during out of and in the course of employment is not
disputed.
NC: 2024:KHC:300
3. Heard the arguments from both sides and
perused the records.
4. In the present case, the Tribunal while
awarding compensation has granted interest at the rate of
9% p.a., from the date of petition till the date of deposit.
5. Learned counsel for the appellants/claimants
submitted that the quantum of compensation determined
by the Tribunal is correct, but the rate of interest granted
is not correct and it ought to be interest at the rate of
12% p.a., from the date of accident till realization. To this
extent only, prays for modification of the judgment and
award passed by the Tribunal.
6. In the present case, the Tribunal has granted
compensation of Rs.3,19,223/- holding that both the
respondents are jointly and severally liable to pay
compensation with interest at the rate of 9% p.a., from
NC: 2024:KHC:300
the date of petition till the date of deposit. But the
appellants/claimants are entitled to statutory interest at
the rate of 12% p.a., from the date of accident till
realization as per Section 4A(3)(a) of Employee's
Compensation Act, 1923.
7. To this extent only, the appeal is liable to be
allowed. Hence, it is ordered that the appellants/claimants
are entitled to interest at the rate of 12% p.a., from the
date of accident till realization as per the judgment of the
Hon'ble Supreme Court in the case of Pratap Narain
Singh Deo Vs. Srinimvas Sabata and Another1.
8. Accordingly, I proceed to pass the following
ORDER
i. The appeal is allowed.
ii. The impugned judgment and award dated
30.05.2015 passed in ECA.No.13/2014 by the
AIR 1976 SC 222(1)
NC: 2024:KHC:300
Senior Civil Judge and Chief Judicial Magistrate,
Kodagu, Madikeri, is modified only insofar as
rate of interest is concerned.
iii. The appellants/claimants are entitled to interest
at the rate of 12% p.a., from the date of
accident till realization.
iv. No order as to costs.
v. Registry is directed to transmit the TCR along
with copy of this order to the Tribunal
forthwith.
Sd/-
JUDGE
PB
