Karnataka High Court
The Manager Oriental vs Sri Parasappa on 21 October, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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NC: 2024:KHC:42564
MFA No. 8485 of 2019
C/W MFA No. 2546 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO. 8485 OF 2019
C/W
MISCELLANEOUS FIRST APPEAL NO. 2546 OF 2017
IN MFA No. 8485/2019:
BETWEEN:
1. PARASAPPA @ PARASHURAMAPPA
S/O NINGAPPA, AGED ABOUT 38 YEARS,
AGE 26 YEARS
OCC COLLIE WORK (NOW NIL)
R/O BAVIHAL VILLAGE, NARAGANAHALLI
DAVANGERE TQ AND DIST.
...APPELLANT
(BY SMT. SUMITRA FOR
Digitally signed
by KIRAN SMT. SARITHA KULKARNI., ADVOCATE)
KUMAR R
Location: AND:
HIGH COURT
OF
KARNATAKA 1. RAVI B
S/O BASAVANTHAPPA
R/O BAVIHAL VILLAGE,
NARAGANAHALLI POST,
DAVANGERE-577001.
2. SMT BASAMMA
S/O LATE BASAVANTHAPPA,
AGE 59 YEARS,
R/O BAVIHAL VILLAGE
NARAGANAHALLI POST,
DAVANGERE-577001.
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NC: 2024:KHC:42564
MFA No. 8485 of 2019
C/W MFA No. 2546 of 2017
3. THE MANAGER
THE ORIENTAL INSURANCE COMPANY LTD.,
823/7, THILUVALLY COMPLEX,
1ST FLOOR, P B ROAD,
NEAR ARUNA TALKIES
DIVISIONAL OFFICE
DAVANAGERE-020.
...RESPONDENTS
(BY SRI. R.GOVINDARAJAN., ADVOCATE FOR R-3;
VIDE ORDER DATED:28.06.2022 NOTICE TO R-1 &
R-2 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 30(1) OF ECA ACT
AGAINST THE JUDGMENT AND AWARD DATED 15.11.2016
PASSED IN ECA NO.67/2015 ON THE FILE OF THE PRL. SENIOR
CIVIL JUDGE AND MEMBER, MACT-IV DAVANAGERE, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO. 2546/2017:
BETWEEN:
1. THE MANAGER
ORIENTAL INSURANCE CO. LTD.,
823/7, THILUALLY COMPLEX,
1ST FLOOR, P.B. ROAD,
NEAR ARUNA TALKIES,
DAVANAGERE 02.
REP. BY THE REGIONAL MANAGER
THE ORIENTAL INSURANCE CO. LTD.,
REGIONAL OFFICE,
2ND FLOOR, SUMANGALA COMPLEX,
LAMINGTON ROAD, HUBLI 580 020.
...APPELLANT
(BY SRI. R.GOVINDARAJAN., ADVOCATE)
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NC: 2024:KHC:42564
MFA No. 8485 of 2019
C/W MFA No. 2546 of 2017
AND:
1. SRI PARASAPPA @ PARASHURAMAPPA
S/O NINGAPPA,
AGED ABOUT 37 YEARS,
OCC: COOLIE WORK (NOW NIL),
R/O BAVIHAL VILLAGE,
NARAGANAHALLI POST,
DAVANAGERE TQ. & DIST-577 001.
2. SRI. RAVI. B
S/O LATE BASAVANTHAPPA
AGED ABOUT 44 YEARS
R/O BAVIHAL VILLAGE,
NARAGANAHALLI POST,
DAVANAGERE TQ & DIST-577 001.
(OWNER OF TRACTOR BEARING REGN.
NO.KA-17-TA-6886).
3. SMT. BASAMMA
W/O ALTE BASAVANTHAPPA
AGED ABOUT 57 YEARS,
R/O BAVIHAL VILLAGE,
NARAGANAHALLI POST,
DAVANAGERE TQ. & DIST-577 001.
(OWERN OF TRAILER BEARING REGN.
NO.KA-17/-TA-3568)
...RESPONDENTS
(BY SRI. V.B.SIDDARAMAIAH., ADVOCATE FOR R-2 & R-3;
R-1 IS SERVED)
THIS MFA IS FILED UNDER SECTION 30(1) OF
EMPLOYEES COMPENSATION ACT AGAINST THE JUDGMENT
AND AWARD DATED:15.11.2016 PASSED IN ECA NO.67/2015
ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE,
MEMBER, MACT-IV, DAVANAGERE, AWARDING
COMPENSATION OF Rs.86,940/- WITH INTEREST @ 12% P.A.
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MFA No. 8485 of 2019
C/W MFA No. 2546 of 2017
AFTER ONE MONTH FROM THE DATE OF ACCIDENT TILL
PAYMENT.
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL JUDGMENT
1. The Insurer as well as the claimant are in appeal.
2. The Insurer is in appeal contending that the FIR
produced by the claimant indicated that he was sitting on
the mudguard of the tractor-trailer and therefore, in the
light of the judgment of the Full Bench in the case AIR
2021 KAR 102 - GADHILINGAPA & OTHERS Vs.
K.GULEPPA & OTHERS, the Insurer would not be liable.
3. The claimant is in appeal contending that the loss of
earning capacity should have been greater than 10%
assessed by the Tribunal.
4. The Tribunal, after assessing the evidence, has
recorded a finding of fact that the tractor was loaded with
wood and it was not possible for the claimant for sitting on
NC: 2024:KHC:42564
the mudguard. In fact, it has categorically recorded that
the material document relied upon by the claimant does
not reveal that he was sitting on the mudguard as alleged
by the Insurer. In the light of the fact that a specific finding
of fact has been recorded by the Tribunal that the claimant
was not sitting on the mudguard, the assertion of the
Insurer cannot be considered in an appeal under Section
30 of the Employees' Compensation Act.
5. As far as compensation is concerned, the Tribunal has
recorded a finding that the claimant was working as a
coolie in the tractor-trailer, which met with an accident and
after assessing the evidence of the Doctor, it has come to
the conclusion that the claimant has suffered 10%
disability to the whole body and has accordingly awarded a
sum of Rs.65,680/- towards loss of earning capacity.
6. In my view, the assessment of disability and the loss
of earning capacity by the Tribunal cannot be found fault
with.
NC: 2024:KHC:42564
7. Accordingly, the appeal of the Insurer as well the
claimant are dismissed.
Sd/-
(N S SANJAY GOWDA)
JUDGE
PKS
