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Karnataka High Court
The Branch Manager vs Shaheda And Ors on 26 February, 2026
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NC: 2026:KHC-K:1944
MFA No. 202300 of 2022
C/W MFA No. 202369 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 26TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
MISCL. FIRST APPEAL NO. 202300 OF 2022 (ECA)
C/W
MISCL. FIRST APPEAL NO. 202369 OF 2022
IN MFA No. 202300/2022:
BETWEEN:
1. SHAHEDA W/O IQBAL KHANDAIT,
AGE: 39 YEARS, OCC: HOUSEHOLD WORK.
2. TOUHID S/O IQBAL KHANDAIT,
AGE: 21 YEARS, OCC:STUDENT.
3. SAAD S/O IQBAL KHANDAIT,
AGE: 19 YEARS, OCC: STUDENT.
Digitally signed by
SHILPA R 4. SADIYA D/O IQBAL KHANDAIT,
TENIHALLI
Location: HIGH AGE: 18 YEARS, OCC: NIL.
COURT OF
KARNATAKA
5. MAIMUN W/O SAIFODDIN KHANDAIT,
AGE: 62 YEARS, OCC: NIL.
6. RESHAMA W/O IQBAL KHANDAIT,
AGE: 40 YEARS, OCC: HOUSEHOLD WORK.
7. SUMAYYA D/O IQBAL KHANDAIT,
AGE: 17 YEARS, OCC: HOUSEHOLD WORK,
THE APPELLANT NO.7 IS MINOR
REPRESENTED BY NATURAL GUARDIAN
APPELLANT NO.6
ALL ARE R/O WADDAR COLONY, SANGLI,
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MFA No. 202300 of 2022
C/W MFA No. 202369 of 2022
HC-KAR
NOW RESIDING AT ASAR GALLI,
VIJAYAPURA-586 101.
...APPELLANTS
(BY SRI. BAPUGOUDA SIDDAPPA, ADVOCATE)
AND:
1. KAMARUDDIN S/O ALAM MULLA,
AGE: 47 YEARS, OCC: BUSINESS,
R/O MULLA KI WASTI, ATPADI,
DIST. SANGLI- 415315,
MAHARASHTRA STATE.
2. THE BRANCH MANAGER,
THE UNITED INDIA INSURANCE CO LTD.,
1ST FLOOR, SANGAMA BUILDING,
S S FRONT ROAD, VIJAYAPURA- 586102
...RESPONDENTS
(BY SRI SUDARSHAN M., ADVOCATE FOR R2;
V/O DTD.19.11.2025 NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/S. 30(1) OF THE EMPLOYEES
COMPENSATION ACT, PRAYING TO, A) CALL FOR THE
RECORDS, B) TO MODIFY THE JUDGMENT AND AWARD DATED
16.03.2020 PASSED IN ECA NO.152/2015 ON THE FILE OF THE
COURT OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND
COMMISSIONER FOR EMPLOYEES COMPENSATION VIJAYAPURA
AT VIJAYAPURA AND ALLOW THIS APPEAL AND TO GRANT THE
COMPENSATION OF RS.9,82,350/- ONLY AS CLAIMED BY THE
APPELLANTS BEFORE THE TRIBUNAL. C) ORDER FOR COSTS OF
THIS APPEAL. D) PASS SUCH OTHER ORDERS DEEMS FIT IN
THE CIRCUMSTANCES OF THE CASE.
IN MFA NO. 202369/2022:
THE BRANCH MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
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NC: 2026:KHC-K:1944
MFA No. 202300 of 2022
C/W MFA No. 202369 of 2022
HC-KAR
S.S. FRONT ROAD, VIJAYAPURA.
PRESENTLY REPRESENTED
BY ITS DIVISIONAL MANAGER
...APPELLANT
(BY SRI SUDARSHAN M., ADVOCATE)
AND:
1. SHAHEDA W/O IQBAL KHANDAIT,
AGE: 39 YEARS, OCC: HOUSEHOLD WORK.
2. TOUHID S/O IQBAL KHANDAIT,
AGE:21 YEARS.
3. SAAD S/O IQBAL KHANDAIT,
AGE: 19 YEARS.
4. SADIYA D/O IQBAL KHANDAIT,
AGE: 18 YEARS.
5. MAIMUN W/O SAIFODDIN KHANDAIT,
AGE: 62 YEARS, OCC: NIL.
6. RESHAMA W/O IQBAL KHANDAIT,
AGE: 39 YEARS, OCC: HOUSEHOLD WORK.
7. SUMAYYA D/O IQBAL KHANDAIT,
AGE:17 YEARS,
M/G BY GUARDIANSHIP UNDER RESPONDENT NO.6,
ALL ARE R/O WADDAR COLONY, SANGALI,
NOW R/ AT ASAR GALLI, VIJAYAPURA-586101.
8. KAMARUDDIN S/O ALAM MULLA,
AGE: 47 YEARS, OCC: BUSINESS,
R/O MULLA KI WASTI, ATPADI,
DIST. SANGLI,
MAHARASHTRA-415315.
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NC: 2026:KHC-K:1944
MFA No. 202300 of 2022
C/W MFA No. 202369 of 2022
HC-KAR
(BY SRI BAPUGOUDA SIDDAPPA, ADVOCATE FOR
R1 TO R7;
R8 SERVED)
THIS MFA IS FILED U/S 30(1) OF EMPLOYEES
COMPENSATION ACT, PRAYING TO,A) CALL FOR RECORDS
IN ECA NO.152/2015 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND THE COMMISSIONER FOR EMPLOYEES
COMPENSATION AT VIJAYAPURA. B) SET ASIDE THE
JUDGMENT AND AWARD DATED 16/03/2020 PASSED IN
ECA NO.152/2015 BY THE SENIOR CIVIL JUDGE AND THE
COMMISSIONER FOR EMPLOYEES COMPENSATION AT
VIJAYAPURA. C) PASS SUCH OTHER ORDERS/RELIEFS AS
THIS HON'BLE COURT DEEMS FIT AND PROPER IN THE
FACTS THE CIRCUMSTANCES OF THE CASE.
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL JUDGMENT
These appeals are directed against the judgment
and award dated 16.03.2020 passed in ECA No. 152 of
2016 by the II Additional Senior Civil Judge and
Commissioner for Employees' Compensation,
Vijayapura (for short, "the learned Commissioner"),
awarding compensation to the claimants.
NC: 2026:KHC-K:1944
HC-KAR
2. For the sake of convenience, the parties in these
appeals shall be referred to according to their status
and ranking before the learned Commissioner.
3. It is the case of the claimants that the husband
of claimant No.1-Iqbal Khandait, was working as a
driver with the respondent No.1 in respect of a car
bearing registration No. MH-01/GA-4508. On
08.05.2015, the said car met with an accident when it
dashed against a tractor bearing registration No. KA-
28/TC-1118, resulting in the death of the husband of
claimant No.1. Hence, the claimants preferred ECA No.
152 of 2016 seeking compensation.
4. The claim petition was contested by the
respondent No.2.
5. The learned Commissioner, after considering the
material on record, by judgment and award dated
16.03.2020, allowed the claim petition in part and
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HC-KAR
awarded compensation of Rs. 5,17,650/- with interest.
Being aggrieved by the same, the claimants have
preferred MFA No.202300 of 2022 seeking
enhancement of compensation. On the other hand,
the Insurance Company has filed MFA No. 202369 of
2022 assailing its liability to pay the compensation to
the claimants.
6. I have heard Sri Sudharshan M., learned counsel
appearing for the Insurance Company, and Sri
Bapugouda Siddappa, learned counsel appearing for
the claimants. I have also perused the records.
7. Sri Sudharshan M., learned counsel appearing for
the Insurance Company, submitted that the deceased
did not possess a valid driving license to drive the
vehicle in question. It is contended that the deceased
was holding a driving license only to drive a
motorcycle with gear and, therefore, the Insurance
NC: 2026:KHC-K:1944
HC-KAR
Company is not liable to pay the compensation to the
claimants. Hence, he sought interference of this Court.
8. Per contra, Sri Bapugouda Siddappa, learned
counsel for the claimants, invited the attention of this
Court to I.A. No. 1 of 2025 filed under Order XLI Rule
27 of CPC and contended that the deceased possessed
a valid driving license to drive a non-transport vehicle
for the period from 15.07.2003 to 14.07.2023. It is
further contended that the deceased was authorized to
drive LMV vehicles. Therefore, he sought dismissal of
the appeal filed by the Insurance Company. In
addition, the learned counsel for the claimants sought
enhancement of compensation.
9. In the light of the arguments advanced by the
learned counsel for the parties, there is no dispute
with regard to the occurrence of the accident on
08.05.2015, nor is there any dispute that the
NC: 2026:KHC-K:1944
HC-KAR
deceased died in the accident, in the course of
employment with the respondent No.1. It is also not in
dispute that the deceased was working as a driver
with respondent No.1. A perusal of the additional
evidence produced in I.A. No. 1 of 2025 by the
claimants makes it clear that the deceased was
authorized to drive LMV (non-transport) vehicles for
the period from 15.07.2003 to 14.07.2023. In that
view of the matter, the contention raised by the
Insurance Company regarding absence of a valid
driving license cannot be accepted.
10. Insofar as the quantum of compensation is
concerned, the deceased was aged 35 years at the
time of the accident. Therefore, the relevant factor
applicable is 197.06. Taking the monthly wages at Rs.
8,000/-, 50% thereof comes to Rs.4,000/-. Applying
the relevant factor of 197.06, the claimants are
NC: 2026:KHC-K:1944
HC-KAR
entitled to Rs. 7,88,240/- (4,000 × 197.06) towards
'loss of dependency'. The claimants are further
entitled to Rs.25,000/- towards 'funeral expenses'.
Thus, the total compensation comes to Rs. 8,13,240/-.
11. Accordingly, I pass the following:
ORDER
i. MFA No. 202300 of 2022 filed by the
claimants is allowed in part.
ii. MFA No. 202369 of 2022 filed by the
Insurance Company is dismissed.
iii. The judgment and award dated 16.03.2020
passed in ECA No. 152 of 2016 on the file of
the II Additional Senior Civil Judge and
Commissioner for Employees'
Compensation, Vijayapura, is modified. The
claimants are entitled to total compensation
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HC-KAR
of Rs.8,13,240/- with interest at 12% per
annum from the date of the accident till
realization.
iv. The respondent-Insurance Company is
directed to deposit the compensation
amount within six weeks from the date of
receipt of a certified copy of this judgment.
v. As per order dated 19.11.2025, the
claimants are not entitled to interest for the
delayed period of 187 days.
vi. I.A. No. 1 of 2025 filed in MFA No. 202300
of 2022 to produce additional document is
allowed.
Sd/-
(E.S.INDIRESH)
JUDGE
SB
List No.: 1 Sl No.: 30
CT:PK
