Karnataka High Court
Jaishree And Ors vs Syed Ifteqar And Anr on 24 March, 2025
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NC: 2025:KHC-K:1867
MFA No. 201030 of 2022
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 24TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR. JUSTICE C.M. JOSHI
MISCL. FIRST APPEAL NO. 201030/2022(ECA)
BETWEEN:
1. JAISHREE W/O LATE YALLAPPA BABALKAR,
AGE: 32 YEARS, OCC: HOUSEHOLD,
2. SUJATA D/O LATE YALLAPPA BABALKAR,
AGE: 13 YEARS, OCC: STUDENT MINOR,
3. SANGEETA D/O LATE YALLAPPA BABALKAR,
AGE: 10 YEARS MINOR,
4. SAPNA D/O LATE YALLAPPA BABALKAR,
Digitally signed by
SHIVALEELA AGE: 08 YEARS, MINOR,
DATTATRAYA
UDAGI
Location: HIGH
COURT OF
KARNATAKA ALL MINORS U/G REAL MOTHER
JAISHREE APPELLANT NO.1,
5. SHARNAMMA W/O VAIJINATH BABALKAR,
AGE: 62 YEARS, OCC: HOUSEHOLD,
R/O VILLAGE MENTHI MELKUNDA,
TQ. BHALKI,
DIST. BIDAR-585 401.
...APPELLANTS
(BY SRI BABU H. METAGUDDA, ADVOCATE)
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NC: 2025:KHC-K:1867
MFA No. 201030 of 2022
AND:
1. SYED IFTEQAR S/O SYED MASTAN SAB,
AGE: MAJOR, OCC: BUSINESS AND AGRICULTURE,
R/O BHATAMBRA VILLAGE, TQ. BHALKI,
DIST. BIDAR-585 401.
2. THE DIVISIONAL MANAGER,
FUTURE GENERAL INDIA INSURANCE CO. LTD.,
2ND FLOOR, KALABURAGI, LAND MARK,
OPP: T.B. GIRLS HIGH SCHOOL,
DESHPANDE NAGAR,
HUBLI-560 001.
...RESPONDENTS
(BY SRI SANDEEP VIJAYAKUMAR, ADVOCATE, FOR R1;
SMT. PREETI PATIL MELKUNDI, ADVOCATE, FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 30(1) OF THE EMPLOYEE'S COMPENSATION ACT,
PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED
29-10-2021 PASSED IN ECA NO.4/2015 BY THE SENIOR
CIVIL JUDGE AND COMMISSIONER UNDER EMPLOYEE'S
COMPENSATION ACT, AT BHALKI AND ALLOW THE APPEAL
BY ENHANCING THE COMPENSATION FROM RS.6,23,940/-
WITH 12% INTEREST TO RS.12,00,000/- WITH 12%
INTEREST.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. JOSHI
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NC: 2025:KHC-K:1867
MFA No. 201030 of 2022
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE C.M. JOSHI)
1. Though this matter is slated for admission, with
the consent of both the parties, it is taken up for final
disposal.
2. Heard learned counsel appearing for the
appellants and the learned counsels appearing for the
respondents.
3. This appeal is by the petitioners-claimants in
E.C.A. No.4/2015 on the file of the Senior Civil Judge and
Commissioner under Employees Compensation Act, Bhalki,
(Hereinafter referred to as 'the Commissioner' for the sake of
convenience) seeking enhancement of the compensation.
4. The substantial question of law that arise in this
appeal is, whether the Commissioner was justified in
considering the income of the deceased at Rs.6,000/- per
month despite the notification under Section 4(1B) of the
E.C. Act prescribes Rs.8,000/- per month as wages.
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5. It is the settled position of law that when the
relationship of the employer and employee is established,
the wages unless or otherwise proved has to be accepted as
per the notification issued by the Government of India under
Section 4(1B) of the said Act. For taking the wages at higher
rate than the notification, it has to be proved in accordance
with law and in the absence of any such proof the
Commissioner has to consider the income as per the
notification by the Government.
6. It is not in dispute that the petitioners were the
dependents of the deceased, who was the driver of the
Tractor bearing No.KA-39/T-2747 and Trailer No.3070 and
he had met with an accident and died at the spot. Though
the petitioners contended that the driver was receiving
salary of Rs.8,000/- per month, the Tribunal disbelieved the
same and considered the wages at Rs.6,000/- per month and
calculated the compensation amount. Obviously, in the
absence of any cogent evidence regarding the wages that
was received by the deceased, the Tribunal should have
fallen back on the notification issued by the Government of
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India under Section 4(1B) of the Act, instead it fixed the
wages at Rs.6,000/- per month without any basis.
7. Hence, the impugned judgment to that extent
deserves to be set aside. Consequently, the compensation
amount is calculated as at Rs.8,000/- x 50% x 207.98 =
Rs.8,31,920/- by taking the age of the deceased at 30 years.
In addition to it, a sum of Rs.5,000/- has to be awarded
towards funeral expenses. Therefore, the petitioners are
entitled for a total compensation of Rs.8,36,920/- with
interest at the rate of 12% per annum. The substantial
question of law is answered accordingly.
8. In the result, the following:
ORDER
i) The appeal is allowed.
ii) The petitioners are entitled for a sum
of Rs. 8,31,920/- with interest at 12% per
annum, payable after thirty days from the date of
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incident till deposit, instead of Rs.6,23,940/-
awarded by the Commissioner.
iii) The rest of the order passed by
Commissioner regarding interest etc., remained
altered.
Sd/-
(C.M. JOSHI)
JUDGE
SBS
CT: AK
