Karnataka High Court
The Divisional Manager, Oriental Ins. ... vs Shri. Ningappa S/O Channabasappa Meti on 4 January, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:194
MFA No. 22122 of 2011
C/W.
MFA No. 22121 of 2011
and MFA No. 22123 of 2011
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.22122 OF 2011 (WC)
C/W
MISCELLANEOUS FIRST APPEAL NO. 22121 OF 2011
MISCELLANEOUS FIRST APPEAL NO. 22123 OF 2011
IN M. F. A. NO.22122 OF 2011
BETWEEN:
THE DIVISIONAL MANAGER,
ORIENTAL INSURANCE CO., LTD.,
KIRLOSKAR ROAD, BELAGAVI
REPRESENTED BY ITS
ASSISTANT MANAGER,
ORIENTAL INSURANCE CO., LTD.,
REGIONAL OFFICE, SUMANGALA COMPLEX,
IIND FLOOR, LAMINGTON ROAD,
HUBLI-580020.
Digitally
...APPELLANT
signed by
SAROJA (BY SRI. S.C. JAINER, ADVOCATE)
SAROJA HANGARAKI
HANGARAKI Date:
2024.01.25
11:46:30 AND:
+0530
1. SHRI. NINGAPPA S/O. CHANNABASAPPA METI,
AGE: 36 YEARS, OCC:NIL,
R/O: SHIRASANGI VILLAGE,
TQ: SAUNDATTI, DIST: BELAGAVI.
2. SRI. CHANNABASAPPA S/O. NINGAPPA METI,
AGE: MAJOR, OCC: BUSINESS AND AGRICULTURE,
R/O: SHIRASANGI, TQ: SAUNDATTI, DIST: BELAGAVI.
THE LEGAL REPRESENTATIVE IS
ALREADY ON RECORD AS RESP. NO.1
...RESPONDENTS
(BY SRI. H.M. DHARIGOND, ADVOCATE FOR R1;
-2-
NC: 2024:KHC-D:194
MFA No. 22122 of 2011
C/W.
MFA No. 22121 of 2011
and MFA No. 22123 of 2011
R2 ABATED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 30(1) OF W.C. ACT, AGAINST THE JUDGMENT AND ORDER
DATED 26-10-2010, PASSED IN KAPAKA/SR-174/2008 ON THE FILE
OF THE LABOUR OFFICER AND COMMISSIONER FOR WORKMENS
COMPENSATION, SUB-DIVISION-II, BELAGAVI, AWARDING THE
COMPENSATION OF RS.89,730/- WITH INTEREST AT THE RATE OF
12% P.A. FROM THE DATE OF PETITION TILL ITS DEPOSIT.
IN M. F. A. NO.22121 OF 2011
BETWEEN:
THE DIVISIONAL MANAGER,
ORIENTAL INSURANCE CO., LTD.,
KIRLOSKAR ROAD, BELAGAVI
REPRESENTED BY ITS
ASSISTANT MANAGER,
ORIENTAL INSURANCE CO., LTD.,
REGIONAL OFFICE, SUMANGALA COMPLEX,
IIND FLOOR, LAMINGTON ROAD,
HUBLI-580020.
...APPELLANT
(BY SRI. S.C. JAINER, ADVOCATE)
AND:
1. SHRI. SIDDAPPA S/O. SANGAPPA GADEKAR,
AGE: 30 YEARS, OCC:NIL,
R/O: HOLIKATTI VILLAGE,
TQ: SAUNDATTI, DIST: BELAGAVI.
2. SRI. CHANNABASAPPA S/O. NINGAPPA METI,
AGE: MAJOR, OCC: BUSINESS AND AGRICULTURE,
R/O: SHIRASANGI, TQ: SAUNDATTI,
DIST: BELAGAVI.
THE LEGAL REPRESENTATIVE IS
ALREADY ON RECORD AS RESP. NO.1
...RESPONDENTS
(BY SRI. H.M. DHARIGOND, ADVOCATE FOR R1;
R2 ABATED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 30(1) OF W.C. ACT, AGAINST THE JUDGMENT AND ORDER
DATED 26-10-2010, PASSED IN KAPAKA/SR-165/2008 ON THE FILE
OF THE LABOUR OFFICER AND COMMISSIONER FOR WORKMENS
-3-
NC: 2024:KHC-D:194
MFA No. 22122 of 2011
C/W.
MFA No. 22121 of 2011
and MFA No. 22123 of 2011
COMPENSATION, SUB-DIVISION-II, BELAGAVI, AWARDING THE
COMPENSATION OF RS.1,27,074/- WITH INTEREST AT THE RATE OF
7.5% P.A. FROM 12.11.2008 TILL 26.10.2010 AND WITH INTEREST
AT THE RATE OF 12% P.A. FROM 27.10.2010 TILL ITS DEPOSIT.
IN M. F. A. NO.22123 OF 2011
BETWEEN:
THE DIVISIONAL MANAGER,
ORIENTAL INSURANCE CO., LTD.,
KIRLOSKAR ROAD, BELAGAVI
REPRESENTED BY ITS
ASSISTANT MANAGER,
ORIENTAL INSURANCE CO., LTD.,
REGIONAL OFFICE, SUMANGALA COMPLEX,
IIND FLOOR, LAMINGTON ROAD,
HUBLI-580020.
...APPELLANT
(BY SRI. S.C. JAINER, ADVOCATE)
AND:
1. SMT. SHANTAVVA W/O. BASAPPA PANCHENNAVAR,
AGE: 34 YEARS, OCC:NIL,
R/O: SHIRASANGI VILLAGE,
TQ: SAUNDATTI, DIST: BELAGAVI.
2. SRI. CHANNABASAPPA S/O. NINGAPPA METI,
AGE: MAJOR, OCC: BUSINESS AND AGRICULTURE,
R/O: SHIRASANGI, TQ: SAUNDATTI,
DIST: BELAGAVI.
THE LEGAL REPRESENTATIVE IS
ALREADY ON RECORD AS RESP. NO.1
...RESPONDENTS
(BY SRI. H.M. DHARIGOND, ADVOCATE FOR R1;
R2 ABATED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 30(1) OF W.C. ACT, AGAINST THE JUDGMENT AND ORDER
DATED 26-10-2010, PASSED IN KAPAKA/SR-167/2008 ON THE FILE
OF THE LABOUR OFFICER AND COMMISSIONER FOR WORKMENS
COMPENSATION, SUB-DIVISION-II, BELAGAVI, AWARDING THE
-4-
NC: 2024:KHC-D:194
MFA No. 22122 of 2011
C/W.
MFA No. 22121 of 2011
and MFA No. 22123 of 2011
COMPENSATION OF RS.73,386/- WITH INTEREST AT THE RATE OF
12% P.A. FROM THE DATE OF PETITION TILL ITS DEPOSIT.
THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR
ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Though the matter is listed for orders, by consent of
both the parties, it is taken up for final disposal.
2. Heard Sri. S C Jainar, learned counsel for the
appellant and Sri. H M. Dharigond, learned counsel for the
respondents.
3. These three appeals are filed challenging the
validity of the common judgment and award passed by the
Labour Officer and Commissioner for Workmen's
Compensation, Sub Division-II, Belgaum (hereinafter
reffered to as CWC for short), in WC No.174/2008, WC
No.165/2008 and WC No.167/2008 respectively dated
26.10.2010.
4. In respect of road traffic accident involving the
tractor and trailer Nos.KA-24/T-4294 and 4295, the
NC: 2024:KHC-D:194
C/W.
claimants have preferred the claim petition before the
Workmen Compensation Commissioner (hereinafter referred
to as 'CWC' for brevity), seeking compensation.
5. On receipt of notice of the claim petition, the
owner of the tractor and trailer appeared before the Court
and admitted the accident and the employment of the
claimants and also the daily coolie being paid to the
claimants by him.
6. The Insurance Company appeared before the
CWC and denied the claim petition averments including the
Insurance coverage.
7. The learned CWC, raised necessary issues and
after considering the oral and documentary evidence on
record placed by the parties, allowed the claim petition in a
sum of Rs.1,27,074/-, Rs.73,386/- and Rs.89,730/-
respectively in respect of the three claims with interest.
8. Being aggrieved by the same, the Insurance
Company has preferred the present appeals.
NC: 2024:KHC-D:194
C/W.
9. Sri. S C. Jainar, learned counsel for the appellant
reiterating the grounds urged in the appeal, vehemently
contended that no extra premium was paid by the owner
while taking policy. Therefore the Insurance Company is not
liable for payment of compensation.
10. He also contended that the quantum of
compensation awarded by the CWC is also incorrect and
sought for allowing the appeals.
11. Per contra, Sri. H M. Dharigond, learned counsel
appearing for the claimants, contended that the owner of the
tractor and trailer has obtained the 'Kissan Vima Policy'
marked at Ex.R.2 which not only covered the driver of the
tractor and trailer in question but, also the coolies who would
travel in the tractor and trailer for the agricultural operations
and therefore, contentions raised on behalf of the appellant
is incorrect and sought for dismissal of the appeals.
12. Insofar as the quantum is concerned, Sri. H M.
Dharigond, contended that the Commissioner has taken into
consideration all relevant aspects especially the written
NC: 2024:KHC-D:194
C/W.
statement of the employer to the 1st respondent and
therefore, suitably awarded the quantum of compensation.
Taking note of the injuries sustained by the claimants and
the medical records, sought for dismissal of the appeals.
13. In view of the rival contentions of the parties, this
Court perused the records meticulously.
14. On such perusal of the material on record, it is
not in dispute that the tractor and trailer bearing Nos.
KA-24-T-4294 and 4295, met with an accident on
18.11.2007. Admittedly, the claimants were occupants of
the tractor and trailer on the date of accident and they were
travelling in the trailer for the agricultural operations as
could be seen from the material evidence on record. The
injured persons were shifted to the hospital and they have
been treated in the hospital and medical records established
the injuries sustained by them.
15. Learned CWC has taken into consideration the
injuries and the wound certificates in paragraph No.23 of the
impugned judgment in detail and has come to the conclusion
NC: 2024:KHC-D:194
C/W.
that the injuries sustained by them have resulted in laying a
claim and allowed the compensation as per the statute.
16. Insofar as the liability on the Insurance Company
to pay the compensation is concerned, even though the
Insurance Company has taken up the contention that no
extra premium is paid covering the coolies, taking note of
the terms and conditions mentioned in Ex.R.2 which is
Kissan Vima Policy, all the persons would be occupying the
tractor and trailer for the purpose of agricultural operations
are covered. Therefore, the Insurance Company was made
liable to pay the compensation.
17. Under such circumstances, the grounds urged in
the appeal memorandum are hardly sufficient to interfere
with the well reasoned impugned judgment and award
passed by learned CWC.
18. Accordingly, the following order is passed:
ORDER
a) Appeals are merit less and are hereby dismissed.
NC: 2024:KHC-D:194
C/W.
b) Amount in deposit is ordered to be transmitted to
the learned CWC for disbursement in accordance
with law.
Sd/-
JUDGE
PMP
