Karnataka High Court
Lokesh vs Managing Partner on 28 June, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:24187
MFA No. 7140 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
MISCELLANEOUS FIRST APPEAL NO. 7140 OF 2018 (WC)
BETWEEN:
1. LOKESH,
S/O BHARMA NAIK,
AGED ABOUT 40 YEARS,
R/O NATTIGUDDE, YADUR POST,
HOSANAGARA TALUK,
SHIMOGA DIST - 576 258.
...APPELLANT
(BY SRI. SANDESH SHETTY T.,ADVOCATE)
AND:
1. MANAGING PARTNER,
DURGAMBA MOTORS,
NH 66, HANGLURU,
KUNDAPURA,
UDUPI DIST.
2. THE NEW INDIA ASSURANCE CO LTD.,
BRANCH OFFICER, KUNDAPURA,
Digitally signed by PUSHPA BUILDING,
R HEMALATHA 1ST FLOOR, MAIN ROAD,
Location: HIGH KUNDAPURA,
COURT OF
KARNATAKA UDUPI DISTRICT.
...RESPONDENTS
(BY SRI. A. ANAND SHETTY., ADVOCATE FOR R1;
SRI. K.N. SRINIVASA.,ADVOCATE FOR R2)
THIS MFA IS FILED U/S.30(1) OF WORKMEN COMPENSATION
ACT, AGAINST THE JUDGMENT AND AWARD DT.06.03.2018 PASSED
ON ECA NO.03/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE,
KUNDAPURA AND MEMBER, ADDITIONAL MACT, KUNDAPURA,
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC:24187
MFA No. 7140 of 2018
JUDGMENT
This appeal under Section 30 of the Workmen Compensation
Act, 1923, arises from the judgment and award dated 06.03.2018,
issued by the Senior Civil Judge and Additional Motor Vehicle
Accident Claims Tribunal at Kundapura in ECA.No.3/2015.
2. The claim petition was filed under Sections 8 and 10
of the Workmen Compensation Act, seeking just and proper
compensation for injuries sustained while the claimant was driving
a bus during employment. The Tribunal originally awarded total
compensation of Rs.5,55,960/-. The claimant now seeks
enhancement of this compensation.
3. Heard the learned counsel for both parties and
examined the Trial Court Records.
4. It is undisputed that the claimant sustained accidental
injuries on 31.05.2011 during the course of employment at the age
of 37 years.
5. The Doctor examined as PW2 stated that the claimant
suffered fractures of the right femur, right tibia, and a rupture of the
right quadriceps patellar tendon, among other injuries. He
assessed the claimant's disability of the right leg at 48% and
opined that the claimant is unable to continue in the job of driving
or perform any other employment. The Tribunal concurred with this
assessment of disability at 48%. The Doctor further indicated a
functional disability of 70%, considering the nature of sustained
injuries and the claimant's occupation. Therefore, the
compensation awarded by the tribunal is reassessed as follows:
NC: 2024:KHC:24187
SL Heads Amount in Rs.
No.
1. Loss of future earning capacity 6,45,590-00
(Rs.8,000 x 60% = Rs.4,800 x
192.14 x 70)
2. Medical bills 1,13,270-00
Total compensation amount 7,58,860-00
Less: 5,55,960-00
Enhanced compensation 2,02,900-00
amount
6. Accordingly, I pass the following:
i) The appeal is allowed-in-part.
ii) The judgment of the Claims Tribunal is modified. The
claimant is entitled for a total compensation of
Rs.7,58,860/- as opposed to Rs.5,55,960/- awarded by
the Tribunal.
iii) The enhanced compensation amount of Rs.2,02,900/-
(i.e.,Rs.7,58,860 - Rs.5,55,960) shall carry interest at
the rate of 12% per annum from one month prior to the
date of accident till realization from respondent Nos.1
and 2 jointly and severally;
To this extent, the impugned award stands modified.
Sd/-
JUDGE
AM
