Karnataka High Court
The Divisional Manager vs Ramanna And Ors on 18 November, 2025
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MFA No.203075 of 2023
C/W MFA.CROB No.200010 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 18TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MRS JUSTICE P SREE SUDHA
MISCL. FIRST APPEAL NO.203075 OF 2023 (ECA)
C/W
MFA CROSS OBJ NO.200010 OF 2024
IN MFA NO.203075/2023:
BETWEEN:
THE DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE COMPANY LIMITED,
SANGAMESHWAR NAGAR, S.B.TEMPLE ROAD,
KALABURAGI-585 101,
NOW REPRESENTED BY ITS
DULY CONSTITUTED ATTORNEY.
...APPELLANT
Digitally signed (BY SRI MOHD. ABDUL QUAYUM, ADVOCATE)
by SUMITRA
SHERIGAR
AND:
Location: HIGH
COURT OF
KARNATAKA 1. RAMANNA
S/O BASANNA ANDEWADI,
AGE: 37 YEARS, OCC: NIL (PRIVATE WORK),
R/O HOSUR T. VILLAGE,
TQ. AFZALPUR, DIST. KALABURAGI-585 217.
2. M/S. VIMAL ELECTRICALS,
SUPER GRADE GOVT. LICENSE ELECTRICAL
CONTRACTOR & ENGINEERS,
THROUGH ITS PROPRIETOR,
SRI M.KISHANKUMAR,
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MFA No.203075 of 2023
C/W MFA.CROB No.200010 of 2024
HC-KAR
H.NO.1-891/75/77 EHS,
KARUNESHWAR NAGAR,
JEWARGI ROAD, KALABURAGI-585 101.
3. GULBARGA ELECTRICITY SUPPLY COMPANY LTD.,
(GESCOM), THROUGH ITS MANAGING DIRECTOR,
CORPORATE OFFICE, STATION ROAD,
KALABURAGI-585 101.
...RESPONDENTS
(BY SRI K.S. SAKRY, ADV. FOR R1;
SRI BHARGAV M. CHARI, ADV. FOR R3;
R2 - SERVED)
THIS MFA IS FILED UNDER SECTION 30(1) OF THE
EMPLOYEES COMPENSATION ACT, 1923, PRAYING TO SET
ASIDE THE JUDGMENT AND AWARD DATED 10.04.2023
PASSED IN ECA NO.19/2019 BY THE PRL. SENIOR CIVIL JUDGE
AND CJM AT KALABURAGI, EXONERATING THE APPELLANT OF
ITS LIABILITY.
IN MFA CROB NO.200010/2024:
BETWEEN:
RAMANNA
S/O BASANNA ANDEWADI,
AGE: 38 YEARS, OCC: NIL (PRIVATE WORK),
R/O HOSUR-T VILLAGE-585 217,
TQ. AFZALPUR, DIST. KALABURGI.
...CROSS OBJECTOR
(BY SRI SAKRY K. S., ADVOCATE)
AND:
1. THE DIVISIONAL MANAGER,
THE NEW INDIA ASSURANCE CO. LTD.,
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MFA No.203075 of 2023
C/W MFA.CROB No.200010 of 2024
HC-KAR
SANGAMESHWAR NAGAR,
S.B. TEMPLE ROAD, KALBURGI-585 101.
2. M/S. VIMAL ELECTRICALS,
SUPER GRADE GOVT. LICENSE ELECTRICAL
CONTRACTOR & ENGINEERS,
THROUGH ITS PROPRIETOR
SRI M. KISHANKUMAR,
H NO.1-891/75/77 EHS,
KARUNESHWAR NAGAR,
JEWARGI ROAD,
KALABURGI-585 102.
3. GULBARGA ELECTRICITY SUPPLY COMPANY LTD.
(GESCOM), THROUGH ITS MANAGING DIRECTOR,
CORPORATE OFFICE,
STATION ROAD, KALABURGI-585 102.
...RESPONDENTS
(BY SRI ABDUL QUAYUM, ADV. FOR R1;
SRI BHARGAV M. CHARI, ADV. FOR R3;
V/O DTD. 22.07.2024, NOTICE TO R2 DISPENSED WITH)
THIS MFA CROB IS FILED UNDER ORDER 41 RULE 22 OF
CPC, PRAYING TO ALLOW THE MFA CROB AND CONSEQUENTLY
MODIFY THE JUDGEMENT AND AWARD DATED 10.04.2023
PASSED BY THE PRL. SENIOR CIVIL JUDGE AND CJM AT
KALABURAGI IN ECA NO.19/2019 AND CONSEQUENTLY
ENHANCE THE COMPENSATION AMOUNT AS PRAYED.
THESE APPEALS HAVING BEEN HEARD AND RESERVED
FOR JUDGMENT ON 06.11.2025 AND COMING ON FOR
'PRONOUNCEMENT OF JUDGMENT', THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
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MFA No.203075 of 2023
C/W MFA.CROB No.200010 of 2024
HC-KAR
CORAM: HON'BLE MRS JUSTICE P SREE SUDHA
CAV JUDGMENT
These appeals are filed against the judgment and
award dated 10.04.2023 passed by the Principal Senior
Civil Judge and CJM, Kalaburagi (for short 'Commissioner')
in E.C.A No.19 of 2019.
2. The claimant was working as helper and
operator under respondent No.1, who is the electrical
contractor. He sustained burn injuries due to electric shock
on 25.08.2018, when he was on duty at Mannur GESCOM,
33/11 KV Sub station. Therefore, he filed a claim petition
before the Commissioner, claiming compensation of
Rs.15,00,000/-.
3. The Commissioner, considering the entire
evidence on record, granted compensation of
Rs.4,54,200/- with interest at 12% p.a. from the date of
accident till realisation and directed respondent No.2-
Insurance Company therein to deposit the same.
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HC-KAR
4. Aggrieved by the said judgment and award, the
claimant has preferred MFA Crob No.200010/2024 for
enhancement of the compensation and the Insurance
Company has filed MFA No.203075/2023, disputing the
liability.
5. In the cross objection, the claimant contended
that, he was getting salary of Rs.7,470/- per month, as he
was technical/skilled worker. As per the disability
certificate, he sustained grievous burn injuries. The Doctor
assessed the disability as 30% to the whole body, but the
Tribunal has taken it only 10% and it should have been
taken as 15% to 20%. Thus, requested for enhancement
of the compensation.
6. Learned counsel for the Insurance Company in
its appeal contended that, the injured was not workman
under the employment of insured and not sustained any
injuries in the course of employment. There was no
employer and employee relationship between the injured
and respondent No.2, no eyewitness was examined. The
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C/W MFA.CROB No.200010 of 2024
HC-KAR
Insurance Company is not liable to pay any interest on the
compensation amount and it is also not liable to pay the
medical expenses exceeding Rs.50,000/- and thus,
requested for modification of the impugned judgment.
7. Heard the argument of both sides.
8. The following substantial questions of law would
arise for consideration in these appeals:
IN MFA NO.203075/2023:
Whether the claimant proves that there is any
employer and employee relationship between him
and the respondents?
IN MFA CROB NO.200010/2024:
Whether the Commissioner was justified in awarding
the compensation without looking into future
prospects and burn injuries sustained by the cross-
objector?
9. The claimant was working as operator/helper
under respondent No.1, who is the electrical contractor
under GESCOM/respondent No.3 and he was working
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C/W MFA.CROB No.200010 of 2024
HC-KAR
along with another person under the supervision of
Assistant Executive Engineer. While the claimant was
doing the repair work, the live electrical wire of F-2, 1P
feeder had touched him and he fell down and sustained
burn injuries all over the body. Immediately, he was
shifted to the hospital and treated for the burn injuries to
the extent of 28% and his limbs were disfigured. He was
getting salary of Rs.12,795/- per month from his
employer. Crime No.203/2018 was registered. He spent
Rs.5,00,000/- towards medical expenses.
10. The Insurance Company contended that, FIR
was registered after 45 days after the accident and no
reasons are assigned for the delay. They denied the
employer and employee relationship and also permanent
disability.
11. The claimant gave complaint under Ex.P1 dated
10.10.2018. He stated that, he was under treatment in
Yashodha Hospital and as such, there is delay in filing the
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C/W MFA.CROB No.200010 of 2024
HC-KAR
complaint. Ex.P3 is the copy of the charge sheet, Exs.P5 to
P8 are the statements given by the witnesses. Admittedly,
the claimant was on duty on 25.08.2018, he was working
under respondent No.1 and sustained injuries during the
course of employment. Therefore, the claimant established
the employer and employee relationship and he met with
an accident during the course of the employment.
12. PW.2 assessed the disability at 30% to the
whole body, but the Commissioner has taken it only 10%.
Considering the nature of burn injuries sustained by the
claimant, this Court finds is reasonable to take the
disability at 20% instead of 10%. The salary of the
claimant was Rs.8,660/- and after deduction, it was
Rs.7,470/-. The claimant was aged 35 years and the
relevant factor was taken as 203.85. Thus, the
compensation comes to:
Rs.7,470 x 203.85 x 20% = Rs.3,04,552 /-.
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13. The claimant has produced medical bills under
Exs.P10 and P11 amounting to Rs.3,01,929/-. Considering
the same, the Commissioner has granted an amount of
Rs.3,01,929/- towards medical expenses and it needs no
interference.
14. Thus, the claimant is entitled for total
compensation of Rs.6,06,481/- along with interest at 12%
per annum from the date of accident till realisation and the
Insurance Company is liable to pay the said amount. The
points for consideration are answered accordingly.
15. In the result, the following order is passed:
(i) MFA Crob No.200010/2024 filed by the claimant
is allowed in part.
(ii) The cross objector/claimant is entitled for the
total compensation of Rs.6,06,481/- as against
Rs.4,54,200/- awarded by the Commissioner, with interest
at 12% per annum from the date of accident till
realization.
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C/W MFA.CROB No.200010 of 2024
HC-KAR
(iii) The Insurance Company, who is the appellant in
MFA No.203075/2023 is directed to deposit the aforesaid
compensation amount within one month from the date of
this judgment.
(iv) On such deposit, the claimant is permitted to
withdraw the entire amount along with interest accrued on
it.
(v) Consequently, MFA No.203075/2023 filed by
the Insurance Company is dismissed.
sd/-
(P SREE SUDHA)
JUDGE
LG
