Karnataka High Court
Jayamma vs K S Puttaraju on 1 March, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
-1-
NC: 2024:KHC:8627
MFA No. 4698 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF MARCH, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MISCELLANEOUS FIRST APPEAL NO. 4698 OF 2016 (WC)
BETWEEN:
1. JAYAMMA W/O LATE MANJAPPA
@ MANJUNAIKA,
AGED ABOUT 38 YEARS,
2. ROOPA.M
D/O LATE MANJAPPA @ MANJUNAIKA,
AGED ABOUT 20 YEARS,
3. DEEPAK.M
S/O LATE MANJAPPA @ MANJUNAIKA,
AGED ABOUT 18 YEARS,
ALL ARE RESIDENT OF MALLAPURA VILLAGE,
CHITRADURGA TALUK & CHITADURGA DISTRICT,
PIN:577 571.
...APPELLANTS
Digitally signed by (BY SRI.GIREESHA.S.N., ADVOCATE FOR
THEJASKUMAR N SRI. MANJUNATH.N.D., ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA AND:
1. K.S.PUTTARAJU
S/O SIDADAMALLAPPA,
OWNER OF TRACTOR TRAILER BEARING
REG NO.KA-16/TA-7283-7284,
R/A KORATAGERE VILLAGE,
KANGAVALLI POST, HOSADURGA TALUK,
CHITRADURGA DISTRICT.
PIN:577 571.
-2-
NC: 2024:KHC:8627
MFA No. 4698 of 2016
2. THE REGIONAL MANAGER,
ROYAL SUNDARAM INSURANCE CO.LTD.,
REGIONAL OFFICE,
SORRENTO BUILDING,
1ST FLOOR, 6LB ROAD,
ADEYAR, CHENNAI-600 020.
...RESPONDENTS
(NOTICE TO R1 - DISPENSED WITH V/O DATED: 28.10.2016;
BY SRI. C.R.RAVISHANKAR., ADVOCATE FOR
SRI. K.SURYANARAYANA RAO., ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION OF 30(1) WORKMAN COMPENSATION ACT, AGAINST
THE JUDGMENT AND AWARD DATED:02.04.2016 PASSED IN
ECA.NO.168/2014 ON THE FILE OF THE PRINCIPAL SENIOR
CIVIL JUDGE, AND CJM, AND COMMISSIONER FOR EMPLOYEES
COMPENSATION, CHITRADURGA.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Sri.Gireesha.S.N., learned counsel on behalf of
Sri.Manjunath.N.D., for the appellants and
Sri.C.R.Ravishankar., learned counsel on behalf of
Sri.K.Suryanarayana Rao., for respondent No.2 have appeared
in person.
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2. Though the appeal is listed today for admission,
with the consent of learned counsel for respective parties, it is
heard finally.
3. For the sake of convenience, the parties shall be
referred to as per their status and rankings before the Trial
Court.
4. The claimants are the wife and children of deceased
Manjappa @ Manjunaika. The claimants contended that on the
15th day of June 2014 at about 7:00 am., the deceased
Manjappa @ Manjunaika was engaged as Driver in tractor and
trailer bearing Registration No.KA-16-TA-7283 - 7284 as per
the instructions of the first respondent. While doing work as
driver at 4:00 pm., he developed pain in chest and due to that
he was taken to the hospital. However, he died due to heart-
attack. Contending that the death occurred during and under
the course of employment, the dependents of the deceased
filed a claim petition seeking compensation under Section 22 of
the Workmen Compensation Act, 1923.
In response to the notice, the first respondent did not
appear before the Court and hence, he was placed exparte. The
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second respondent - Insurance Company appeared through its
counsel and filed objection and denied the petition averments.
It contended that the tractor and trailer was insured with the
company, however the drive was not having valid and effective
driving license and there is a violation of the terms of the
conditions. Hence, the company is not liable to indemnify the
insured. Among other grounds, it prayed for dismissal of the
claim petition.
Based on the above pleadings, the Tribunal framed
issues. The first claimant examined herself as PW1 and marked
documents. The respondents neither adduced oral evidence nor
marked the documents. The Tribunal vide Judgment
dated:02.04.2016 partly allowed the claim petition. It is this
Judgment that is called into question in this Appeal on several
grounds as set-out in the Memorandum of Appeal.
5. Learned counsel for the appellants and respondent
No.2 have urged several contentions. Heard, the contentions
urged on behalf of the respective parties and perused the
appeal papers with utmost care.
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6. This Court vide order dated:01.03.2024 framed the
following substantial question of law.
"Whether the compensation awarded by the
Commissioner is in accordance with the provisions
of Employees Compensation Act?"
7. The facts are sufficiently stated and do not require
reiteration. I have perused the Judgment and award with
utmost care. The Tribunal extenso referred to the material on
record and awarded compensation of Rs.6,03,850/- (Rupees
Six Lakh Three Thousand Eight Hundred and Fifty only) with
interest at the rate of 12% per annum after lapse of one month
from the date of incident till the date of deposit.
Suffice it to note that the deceased was born in the year
1970 and he died in the year 2014. He was aged 44 years as
on the date of accident. In the absence of proof of income, a
sum of Rs.8,000/- (Rupees Eight Thousand only) as a monthly
wages must be taken into consideration, in view of the
notification dated 31.05.2010. If 50% is deducted in Rs.8,000/-
(Rupees Eight Thousand only), the wages would be Rs.4,000/-
(Rupees Four Thousand only). The calculation is as under:
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Rs.4,000/- X 172.52 Rs.6,90,080/-
(Less) Compensation awarded by the - Rs.6,03,850/-
Tribunal
Enhanced Compensation awarded by Rs.86,230/-
this Court.
Therefore, the claimants would be entitled for enhanced
compensation of Rs.86,230/- (Rupees Eighty Six Thousand two
Hundred and Thirty only) with interest at the rate of 12% after
one month from the date of accident.
8. Hence, the following:
ORDER
1. The Miscellaneous First Appeal is allowed
in part. The Judgment and award dated:02.04.2016
passed by the Prl. Senior Civil Judge and CJM and
Commissioner for Employees Compensation,
Chitradurga in E.C.A.No.168/2014 is modified to the
extent stated hereinabove.
2. The claimants are entitled for enhanced
compensation of Rs.86,230/- (Rupees Eighty Six
Thousand two Hundred and Thirty only) with
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interest at the rate of 12% after one month from
the date of accident till realization.
3. The second respondent - Insurance
Company shall deposit the aforementioned amount
along with 12% interest after one month from the
date of accident within a period of two months from
the date of receipt of the certified copy of this
Judgment.
4. The Registry is directed to draw the
modified award accordingly.
5. Office is directed to transmit the original
records to the concerned Trial Court forthwith.
Sd/-
JUDGE
TKN
