Karnataka High Court
The Divisional Manager vs Mahendra S/O Halappa Belkeri on 10 January, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:605
MFA No. 25194 of 2012
C/W MFA No. 25193 of 2012
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.25194 OF 2012 (WC)
C/W
MISCELLANEOUS FIRST APPEAL NO.25193 OF 2012
IN M. F. A. NO.25194 OF 2012
BETWEEN:
THE DIVISIONAL MANAGER
NATIONAL INSURANCE COMPANY LTD.
SUJATA COMPLEX HUBLI,
NOW REPRESENTED BY ITS ADMINISTRATIVE
OFFICER REGIONAL OFFICE, HUBLI.
...APPELLANT
(BY SRI. RAJASHEKHAR S.ARANI, ADVOCATE)
AND:
1. CHANDRAPPA PUTTAPPA BELKERI,
Digitally signed
by SAMREEN
AGE: 26 YEARS, OCC: HAMAL PRESENTLY NIL
AYUB DESHNUR
Date: 2024.02.01
R/O.KUDRIHAL VILLAGE, TQ RANEBENNUR.
14:28:52 +0530
2. HALAPPA S/O. HULIAPPA BELKERI
AGE. MAJOR, OCC. OWNER OF TT UNIT
SINCE DECEASED BY HIS LRS.
2(a) SRI. SHEKAPPA S/O. HAPLAPPA BELKERI
AGE: 59 YEARS,
R/O. KUDRIHAL VILLAGE, TQ. RANEBENNUR-581115.
2(b) HONAPPA S/O. HALAPPA BELKERI
AGE: 57 YEARS,
R/O. KUDRIHAL VILLAGE, TQ. RANEBENNUR-581115.
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NC: 2024:KHC-D:605
MFA No. 25194 of 2012
C/W MFA No. 25193 of 2012
2(c) SHANKARAPPA S/O. HALAPPA BELKERI
AGE: 55 YEARS,
R.O. KUDRIHAL VILLAGE, TQ. RANEBENNUR-581115.
2(d)) MAHENDRA S/O. HALAPPA BELKERI
AGE: 49 YEARS,
R.O. KUDRIHAL VILLAGE, TQ. RANEBENNUR-581115.
...RESPONDENTS
(BY SRI. CHANDRASHEKHAR M.HOSAMANI, ADVOCATE FOR R1;
NOTICE TO R2(A) - R2(D) SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 30(1) OF WC ACT 1923, AGAINST THE JUDGMENT
AND AWARD DATED 21.06.2012 PASSED IN WCA NO.201/2007
ON THE FILE OF THE LABOUR OFFICER AND COMMISSIONER
FOR WORKMENS COMPENSATION, HAVERI DISTRICT HAVERI,
AWARDING THE COMPENSATION OF RS.1,87,076/- WITH
INTEREST AT THE RATE OF 12% P.A. FROM THE DATE OF
PETITION AND SHALL BE DEPOSITED WITH 30 DAYS FROM
THE DATE OF THE ORDER.
IN M. F. A. NO.25193 OF 2012
BETWEEN:
THE DIVISIONAL MANAGER
NATIONAL INSURANCE COMPANY LTD.
SUJATA COMPLEX HUBLI,
NOW REPRESENTED BY ITS ADMINISTRATIVE
OFFICER REGIONAL OFFICE, HUBLI.
...APPELLANT
(BY SRI. RAJASHEKHAR S.ARANI, ADVOCATE)
AND:
1. MAHENDRA S/O. HALAPPA BELKERO,
AGE: 34 YEARS, OCC: DRIVER PRESENTLY NIL
R/O.KUDRIHAL VILLAGE, TQ RANEBENNUR.
2. HALAPPA S/O. HULIAPPA BELKERI
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NC: 2024:KHC-D:605
MFA No. 25194 of 2012
C/W MFA No. 25193 of 2012
AGE. MAJOR, OCC. OWNER OF TT UNIT
SINCE DECEASED BY HIS LRS.
2(a) SRI. SHEKAPPA S/O. HAPLAPPA BELKERI
AGE: 59 YEARS,
R.O. KUDRIHAL VILLAGE, TQ. RANEBENNUR-581115.
2(b) HONAPPA S/O. HAALAPPA BELKERI
AGE: 57 YEARS,
R/O. KUDRIHAL VILLAGE, TQ. RANEBENNUR-581115.
2(c) SHANKARAPPA S/O. HALAPPA BELKERI
AGE: 55 YEARS,
R.O. KUDRIHAL VILLAGE, TQ. RANEBENNUR-581115.
2(d) MAHENDRA S/O. HALAPPA BELKERI
AGE: 49 YEARS,
R.O. KUDRIHAL VILLAGE, TQ. RANEBENNUR-581115.
...RESPONDENTS
(BY SRI. CHANDRASHEKHAR M.HOSAMANI, ADVOCATE FOR R1;
NOTICE TO R2(A) - R2(D) SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 30(1) OF WC ACT 1923, AGAINST THE JUDGMENT
AND AWARD DATED 21.06.2012 PASSED IN WCA NO.200/2007
ON THE FILE OF THE LABOUR OFFICER AND COMMISSIONER
FOR WORKMENS COMPENSATION, HAVERI DISTRICT HAVERI,
AWARDING THE COMPENSATION OF RS.2,26,713/- WITH
INTEREST AT THE RATE OF 12% P.A. FROM THE DATE OF
PETITION AND SHALL BE DEPOSITED WITH 30 DAYS FROM
THE DATE OF THE ORDER.
THESE MISCELLANEOUS FIRST APPEALS, COMING ON
FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
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MFA No. 25194 of 2012
C/W MFA No. 25193 of 2012
JUDGMENT
The Insurance Company has filed these appeals
challenging the validity of the judgment and award passed
by the Commissioner for Workmen Compensation
(hereinafter referred to as 'CWC' for brevity) in
WCA/NF.No.200, 201 of 2007 dated 21.06.2012.
2. The claimants who are first respondent in both
the appeals being injured in the accident involving tractor-
trailer unit bearing Reg.No.KA-27/T-9501-9502 on
03.02.2007 have filed claim petitions before the CWC
stating that they were the employees of first respondent
who was the owner of tractor-trailer unit and sought for
suitable compensation.
3. Claim petitions were resisted by filing necessary
objection statement by the Insurance Company inter alia
contending that the tractor-trailer unit was used for hire
and reward and therefore, there is violation of policy
terms.
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4. The CWC after considering the oral and
documentary evidence placed on record by the parties,
allowed the claim petitions and fastened liability on the
Insurance Company holding that the Insurance Company
is liable to pay the compensation.
5. Being aggrieved by the same, the Insurance
Company is in appeals.
6. Reiterating the grounds urged in the appeal
memorandum, Sri.Rajashekhar S Arani, learned counsel
for the appellant - Insurance Company vehemently
contended that the tractor-trailer unit is admittedly used
for transporting fodder from the lands of Hanumantappa
Malammannavar on the date of the incident and these
claimants were also travelling along with the fodder in the
tractor-trailer unit and since there is no evidence that the
owner had allowed the claimants to get the fodder from
the land of Hanumantappa Malammannavar and transport
it to some other place, it should be construed that the
tractor-trailer unit was used for hire and reward.
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7. Therefore, there is violation of policy conditions
and hence, fastening of liability on the appellant in the
impugned judgment needs to be set aside and the
claimants be directed to receive compensation from the
owner of tractor-trailer unit.
8. Per contra, Sri.Chandrashekhar Hosamani
learned counsel representing the claimants contended that
the fodder was being transported for utilisation by the
owner of the tractor-trailer unit and therefore, it should
not be construed that tractor-trailer unit was used for hire
and reward and sought for dismissal of the appeals.
9. In view of the rival contentions of the parties,
this Court perused the material on record meticulously.
10. On such perusal of the material on record, there
is no dispute that the claimants are the employees of the
owner of tractor-trailer unit. Admittedly, on 03.02.2007,
the tractor-trailer unit had been found transporting fodder
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from the land of Hanumantappa Malammannavar to an
unknown place.
11. There is no evidence on record placed by the
claimants to show that the fodder was transported from
the land of Hanumantappa Malammannavar to the
house/agricultural land of the owner of the tractor-trailer
unit so as to construe that the transportation is not for
hire and reward.
12. RW.1 who is the officer of the Insurance
Company has specifically deposed before the CWC that the
tractor-trailer unit was used for hire and reward purpose.
Pertinently, there is no cross-examination insofar as oral
evidence of RW.1 is concerned as the counsel for the
claimants was absent and the cross-examination of RW.1
is noted as nil.
13. In the absence of material placed on record to
show that the tractor-trailer unit was used for the benefit
of the owner of the tractor-trailer unit, the liability
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fastened on to the Insurance Company by the CWC is
incorrect.
14. Therefore, a case is made out by the Insurance
Company to interfere with the impugned judgment and
award insofar as fastening of liability on the Insurance
Company is concerned.
15. In view of the foregoing discussions, following
order is passed:
ORDER
(i) Appeals are allowed.
(ii) While maintaining the quantum of
compensation awarded by the CWC, fastening
of liability on the Insurance Company is set
aside.
(iii) Amount in deposit, if any, is ordered to be
returned to the Insurance Company under due
identification.
Sd/-
JUDGE
