Karnataka High Court
Shri.Ajinkya S/O Anand Phadnis vs Smt.Samrudhi W/O Sunil Kanekar on 2 June, 2025
Author: R.Devdas
Bench: R.Devdas
-1-
NC: 2025:KHC-D:7262-DB
MFA No. 100626 of 2020
HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF JUNE, 2025
PRESENT
THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MR. JUSTICE K V ARAVIND
MISCELLANEOUS FIRST APPEAL NO.100626 OF 2020 (ECA)
BETWEEN:
SHRI. AJINKYA S/O. ANAND PHADNIS,
AGE: 30 YEARS, OCC: DRIVER (NOW NIL),
R/O: PLOT NO.21A, TRUPTI BUILDING,
SHAHUNAGAR, TQ: AND DIST: BELAGAVI-590001.
Digitally signed by
CHANDRASHEKAR
...APPELLANT
LAXMAN (BY SRI K. ANANDKUMAR, ADVOCATE)
KATTIMANI
Location: HIGH
COURT OF AND:
KARNATAKA
1. SMT. SAMRUDHI W/O. SUNIL KANEKAR,
AGE: 43 YEARS, OCC: BUSINESS,
R/O: PLOT NO.35, 36 AND 37
AS NO.323, UDYAMBAG, BELAGAVI,
DIST: BELAGAVI-590009.
2. THE DIVISIONAL MANAGER,
NEW INDIA INSURANCE CO. LTD.,
CLUB ROAD, BELAGAVI,
DIST: BELAGAVI-590003.
...RESPONDENTS
(BY SRI S.V. YAJI, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 30(1) OF THE EMPLOYEES COMPENSATION ACT, PRAYING
TO SET ASIDE THE JUDGMENT DATED 19.10.2019 PASSED IN
E.C.A.NO.23/2017, ON THE FILE OF THE IV ADDITIONAL SENIOR
CIVIL JUDGE AND COMMISSIONER FOR EMPLOYEES COMPENSATION
AT BELAGAVI AND AWARD THE COMPENSATION AS PRAYED FOR IN
THE CLAIM PETITION, BY ALLOWING THIS APPEAL, IN THE INTEREST
OF JUSTICE AND EQUITY.
-2-
NC: 2025:KHC-D:7262-DB
MFA No. 100626 of 2020
HC-KAR
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MR. JUSTICE K V ARAVIND
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE R.DEVDAS)
Though matter is coming up for admission, with the
consent of the learned counsels on both sides, matter is taken
up for final disposal.
2. The appellant herein who was working as a driver
with the 1st respondent, met with an accident on 21.09.2016 at
about 2:30 p.m., while discharging his duties as driver in Eicher
Goods vehicle bearing No.MH-09/CA-2844 and sustained
grievous injuries. It is alleged that the accident occurred due to
the rash and negligent driving of another goods vehicle bearing
No.GA-04/T-2386. The petitioner lost his right leg and by
amputation, the right lower limb at the level of knee joint had
to be removed. The learned IV Addl.Senior Civil Judge and
Commissioner for Employees Compensation, Belagavi
('Tribunal', for short), in ECA No.23/2017 accepted the
contention of the appellant that the appellant has suffered
NC: 2025:KHC-D:7262-DB
HC-KAR
permanent disability of 75% and medical evidence in that
regard were sufficient to accept the contention of the appellant.
The Tribunal has considered the relevant factor applicable as
211.79. Accordingly, compensation was arrived at in the
following manner.
Rs.8,000/- 60% = Rs.4,800 x 75/100 x Rs.211.79 =
Rs.7,62,444/-.
3. The medical bills produced by the appellant was
accepted and an amount of Rs.2,10,315/- was accordingly
defrayed towards medical expenses. Consequently, the Tribunal
awarded compensation of Rs.9,72,759/- and directed the 2nd
respondent - Insurance Company to pay the same along with
interest at the rate of 12% per annum from the date of petition
till its realization.
4. We have heard the learned counsel for the
appellant and learned counsel for the 2nd respondent -
Insurance Company.
5. We find that the Tribunal has rightly taken into
consideration Schedule I of the Employees Compensation Act,
NC: 2025:KHC-D:7262-DB
HC-KAR
1923 wherein Part II at Sl.No.19 'amputation below middle
thigh to 8.89 cms below knee' - 60% to be taken as loss of
earning capacity.
6. However, insofar as the award of interest is
concerned, learned counsel for the 2nd respondent would fairly
submit that the interest was required to be awarded from 30
days after the date of accident and not from the date of
petition.
7. We therefore find that the only area where the
compensation can be enhanced is the period of the rate of
interest to be levied.
8. Accordingly, we dispose of the appeal while
modifying the award of interest not from the date of petition,
but from 30 days after the date of accident i.e. from
21.10.2016. Ordered accordingly.
Sd/-
(R.DEVDAS)
JUDGE
Sd/-
(K V ARAVIND)
JUDGE
CLK
