Karnataka High Court
The Manager, The United India vs Ganesh And Ors on 19 March, 2025
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NC: 2025:KHC-K:1728
MFA No. 200462 of 2020
C/W MFA.CROB No. 200099 of 2021
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 19TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR. JUSTICE C M JOSHI
MISCL. FIRST APPEAL NO.200462 OF 2020 (ECA)
C/W
MFA CROSS OBJ NO.200099 OF 2021 (ECA)
IN MFA NO.200462/2020:
BETWEEN:
GANESH S/O PEERAPPA BHAGODI,
AGE: 41 YEARS, OCC: DRIVER,
R/O VISHWANAGAR CHINCHOLI ROAD SEDAM,
TQ. SEDAM, DIST. KALABURAGI-585 101.
...APPELLANT
(BY SRI. BABU H. METAGUDDA, ADVOCATE)
Digitally signed
by SHIVALEELA
DATTATRAYA
AND:
UDAGI
Location: HIGH
COURT OF 1. RAJU S/O DEVAPPA,
KARNATAKA
AGE: 38 YEARS, OCC: OWNER OF VEHICLE
NO. KA-32/N-1280, R/O CHOUDESHWAR COLONY,
NEAR MANIKESHWARI TEMPLE,
KALABURAGI-585 101.
2. THE MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
JAWALI COMPLEX, SUPER MARKET,
KALABURAGI-585 101.
3. MUJAHID S/O HABIB MIYAN,
AGE: 44 YEARS, OCC: OWNER OF VEHICLE
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MFA No. 200462 of 2020
C/W MFA.CROB No. 200099 of 2021
NO. AP-16/TW-7327, R/O: CHOTIBES,
TULLER GALLI SEDAM, TQ. SEDAM,
DIST. KALABURAGI-585 101.
4. THE MANAGER,
SHRIRAM GENERAL INSURANCE CO. LTD.,
E-8, EPIP, RIICO INDUSTRIAL AREA, SITAPURA,
DIST. JAIPUR, STATE RAJASTHAN-302 022.
...RESPONDENTS
(BY SRI. MOHD. ABDUL QUAYUM, ADV. FOR R2;
V/O DTD. 31.10.2022, NOTICE TO R1, R3 AND R4 ARE
DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 30(1) OF THE
EMPLOYEE'S EOMPENSATION ACT, PRAYING TO MODIFY THE
JUDGMENT AND AWARD DATED 29.11.2019 PASSED IN E.C.A.
NO. 3/2016 BY THE SENIOR CIVIL JUDGE AND COMMISSIONER
FOR EMPLOYEE'S COMPENSATION ACT AT SEDAM AND
ENHANCING THE COMPENSATION FROM RS.1,70,600/- WITH
12% INTEREST TO RS.14,99,000/- WITH 12% INTEREST.
IN MFA CROSS OBJECTION NO.200099/2021:
BETWEEN:
THE MANAGER,
THE UNITED INDIA INSURANCE COMPANY LTD.,
JAWALI COMPLEX,
NOW SHIFTED TO CENTURY COMPLEX,
SUPER MARKET, KALABURAGI-585 101,
REPRESENTED BY ITS AUTHORIZED SIGNATORY.
...CROSS OBJECTOR
(BY SRI. MOHD. ABDUL QUAYUM, ADVOCATE)
AND:
1. GANESH S/O PEERAPPA BHAGODI,
AGE: 42 YEARS, OCC: DRIVER,
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MFA No. 200462 of 2020
C/W MFA.CROB No. 200099 of 2021
R/O VISHWANAGAR CHINCHOLI ROAD,
SEDAM, TQ. SEDAM,
DIST. KALABURAGI-585 222.
2. RAJU S/O DEVAPPA,
AGE: 38 YEARS, OCC: OWNER OF VEHICLE
NO. KA-32/N-1280, R/O CHOUDESHWAR COLONY,
NEAR MANIKESHWARI TEMPLE,
KALABURAGI-585 101.
3. MUJAHID S/O HABIB MIYAN,
AGE: 44 YEARS, OCC: OWNER OF VEHICLE
NO. AP-16/TW-7327, R/O: CHOTIBES,
TULLER GALLI SEDAM, TQ. SEDAM,
DIST. KALABURAGI-585 101.
4. THE MANAGER,
THE SHRIRAM GENERAL INSURANCE CO. LTD.,
E-8, RECO INDUSTRIAL, SITAPURA, JAIPUR,
RAJASTHAN-302 022.
...RESPONDENTS
THIS MFA CROB IS FILED UNDER ORDER 41 RULE 22 OF
THE CPC ACT, PRAYING TO SET ASIDE THE JUDGMENT AND
AWARD DATED 29.11.2019 PASSED IN ECA NO. 3/2016 BY THE
SENIOR CIVIL JUDGE AND COMMISSIONER FOR EMPLOYEE'S
COMPENSATION AT SEDAM, EXONERATING / REDUCING THE
LIABILITY OF THE APPELLANT TO PAY THE COMPENSATION.
THESE APPEALS COMING ON FOR FURTHER ORDERS,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE C M JOSHI
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MFA No. 200462 of 2020
C/W MFA.CROB No. 200099 of 2021
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE C M JOSHI)
Heard both sides.
2. Learned counsel appearing for the
appellants/claimants submits that the claimants have
approached this Court in MFA No.200462/2020 seeking
enhancement of the compensation. Learned counsel appearing
for the Cross Objector submits that he has approached this
Court in MFA CROB 200099/2021. assailing the method of
calculation adopted by the learned Commissioner.
3. It is worth to note that the judgment in ECA
No.3/2016 dated 29.11.2019 by the learned II Additional
Senior Civil Judge and Commissioner under EC Act is under
challenge before this Court.
4. The petitioner who was working as a driver had
suffered injury on 17.06.2016 during the course of the
employment and claiming that he was earning Rs.7,000/- per
month as salary and there being disability on account of the
injuries suffered, approached the learned Commissioner
seeking compensation under Section 10 of E.C.Act. The
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C/W MFA.CROB No. 200099 of 2021
learned Commissioner, came to the conclusion that there is a
functional disability of 7% and calculated the compensation
amount at Rs. 1,70,600/-, which includes the medical expenses
of Rs.76,500/-.
5. The learned counsel for the petitioner submits that
the future medical expenses which was required to be
considered has not been taken into consideration by the
learned Commissioner and that the salary is held at Rs.7,000/-
per month, which is below the wages fixed by notification under
Section 4(1-B) of the Act. Therefore, he seeks enhancement of
the compensation stating that the disability assessed is also on
the lower side.
6. Per Contra, learned counsel for respondent who is
also Cross Objector in Cross Objection No.200099/2021
submits that the method of calculation adopted by the learned
Commissioner is incorrect and the one laid down in Section 3 of
the Act, has not been followed.
7. After hearing the arguments, both the counsels
submit that, after the enhancement that could be permissible
under the provisions and the evidence available on record the
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C/W MFA.CROB No. 200099 of 2021
resultant quantum of the compensation would be nothing but
the compensation which has been arrived at by the learned
Commissioner. In other words, after enhancement as argued
by learned counsel for the petitioner, the quantum of
compensation after proper calculation would be the same.
8. In view of the above, no substantial question of law
arises either in the appeal or in the cross objection. Hence,
there being no substantial question of law either in the appeal
or in the cross objection, both the cases do not survive. Hence,
the following:
ORDER
The appeal as well as cross objection are dismissed.
The amount in deposit, if any, be transmitted to the
concerned commissioner forthwith.
Sd/-
(C M JOSHI)
JUDGE
tsn*
CT: AK
