[Cites 1, Cited by 0]
Karnataka High Court
Vijay Bhaskar Reddy vs Doddendra on 12 January, 2026
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MFA No. 203498 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 12TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
MISCL. FIRST APPEAL NO.203498 OF 2025 (ECA)
BETWEEN:
VIJAY BHASKAR REDDY S/O SANJEEV REDDY,
AGE: 32 YEARS, OCC: NIL,
R/O. SULEPETH, TQ. CHINCHOLI,
DIST. KAALBURAGI,
U/G OF HIS NATURAL FATHER,
SANJEEV REDDY S/O MANIK REDDY,
SINCE DECEASED HIS LEGAL HEIR,
ARUNADEVI W/O LATE SANJEEVREDDY,
AGE: 50 YEARS, OCC: HOUSEHOLD,
R/O SULEPETH, TQ. CHINCHOLI,
DIST. KALABURAGI.
...APPELLANT
(BY SRI SANJEEV PATIL, ADVOCATE)
Digitally signed
by LUCYGRACE
Location: HIGH AND:
COURT OF
KARNATAKA 1. DODDENDRA S/O GURUNATH SWAMY,
AGE: 56 YEARS, OCC: OWNER OF VEHICLE,
R/O. SULEPETH, TQ. CHINCHOLI.
DIST. KALABURAGI- 585307.
2. IFFCO-TOKIO GENERAL INSURANCE CO. LTD.,
THROUGH ITS BRANCH OFFICE. G1, G2 AND G12,
G13, ASIAN ARCADE, NEAR ANAND HOTEL,
S. B. TEMPLE ROAD, KALABURAGI- 585103.
...RESPONDENTS
(BY SRI SUBHASH MALLAPUR, ADVOCATE FOR R2;
V/O DATED 10.12.2025 NOTICE TO R1 IS DISPENSED WITH)
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MFA No. 203498 of 2025
HC-KAR
THIS MFA IS FILED UNDER SECTION 30(1) OF
EMPLOYEES COMPENSATION ACT, PRAYING TO ALLOW THE
APPEAL AND ENHANCE THE COMPENSATION AS PRAYED FOR
ALONG WITH INTEREST BY MODIFYING THE JUDGMENT AND
AWARD DATED 17.04.2025 PASSED BY THE LEARNED SENIOR
CIVIL JUDGE AND JMFC AT CHINCHOLI IN ECA NO.1/2020.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL JUDGMENT
This appeal is directed against the judgment and
award dated 17.04.2025 in ECA No.1/2020, on the file of
the learned Senior Civil Judge and JMFC at Chincholi
(hereinafter referred to as 'Commissioner'), awarding
compensation of Rs.27,32,500/- to the claimant.
2. The facts in nutshell for the purpose of
adjudication of this appeal are that, the deceased
Vijaybhaskar Reddy was engaged by respondent No.1 -
owner to drive his Mahindra car bearing registration
No.KA-41/A-7014. On 18.01.2020, when the deceased
was driving the offending vehicle, the said car hit the left
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HC-KAR
side of the tree near KEB office, Kalagi and as such, the
driver of the offending vehicle sustained grievous injuries
and thereafter, the driver of the vehicle died on
25.11.2022. Hence, the claim petition filed by the mother
of the deceased in ECA No.1/2020 was accepted by the
learned Commissioner and as such, awarded
compensation of Rs.27,32,500/- with interest at the rate
of 6% per annum from the date of claim petition till the
date of realization. Feeling aggrieved by the inadequate
compensation awarded by the Commissioner, the
appellant/claimant has preferred this appeal.
3. Heard Sri Sanjeev Patil, the learned counsel
appearing for the appellant/claimant and Sri Subhash
Mallapur, the learned counsel appearing for respondent
No.2 - Insurance Company.
4. Sri Sanjeev Patil, the learned counsel appearing
for the appellant submitted that the alleged accident was
occurred on 18.01.2020 and therefore, the learned
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HC-KAR
Commissioner ought to have applied the notification dated
03.01.2020 by awarding Rs.15,000/- as the monthly
wages insofar as the deceased is concerned and
accordingly, sought for interference of this Court. It is
also argued by the learned counsel appearing for the
appellant that the learned Commissioner has committed
an error in awarding interest at the rate of 6% per annum
instead of 12% per annum as stated in Section 4(A) of the
Employees Compensation Act, 1923 (hereinafter referred
to as 'the Act') and therefore, sought for interference of
this Court.
5. Per contra, Sri Subhash Mallapur, the learned
counsel appearing for respondent No.2 - Insurance
Company sought to justify the impugned judgment and
award passed by the learned Commissioner.
6. In the light of the submission made by the
learned counsel for the parties, it is not in dispute that the
alleged accident was occurred on 18.01.2020. However,
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HC-KAR
as per the reasons assigned by the learned Commissioner
at paragraph No.11 of the judgment, where, the wages of
the deceased was taken at Rs.14,000/- per month and in
this regard, I find force in the submission made by the
learned counsel for the appellant and therefore, the
appellant is entitled for Rs.15,000/- as the monthly wages
of the deceased. Accordingly, the appellant is entitled for
50% of the monthly wages of the deceased i.e.,
Rs.7,500/-. As per the age of the deceased, the relevant
factor applicable would be 213.57. Accordingly, the
appellant is entitled for compensation of Rs.16,01,775/-
(Rs.7,500x213.57).
7. In respect of the award of interest is concerned,
on careful consideration of the language employed under
Section 4(A) of the Act, wherein, it is clearly mentioned as
to the award of the interest at the rate of 12% per annum.
In that view of the matter, the learned Commissioner has
committed an error in awarding interest at the rate of 6%
per annum and therefore, the appellant is entitled for
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HC-KAR
interest at the rate of 12% per annum. It is also made
clear that the appellant is also entitled for Rs.12,37,479/-
towards medical bills. Thus, the appellant/claimant is
entitled for total compensation of Rs.28,39,254/- with
interest at the rate of 12% per annum from the date of
claim petition till the date of realization.
8. In the result, I pass the following:
ORDER
I) The appeal is allowed in part.
II) The impugned judgment and award passed by
the learned Senior Civil Judge and JMFC at
Chincholi in ECA No.1/2020 is modified. The
appellant/claimant is entitled for compensation
of Rs.28,39,254/- instead of Rs.27,32,500/-
awarded by the learned Commissioner with
interest at the rate of 12% per annum from the
date of claim petition till the date of realization.
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HC-KAR
III) Respondent No.2 - Insurance Company is
directed to deposit the entire compensation
amount within a period of six weeks from the
date of receipt of certified copy of this
judgment.
Sd/-
(E.S.INDIRESH)
JUDGE
SRT
List No.: 1 Sl No.: 38
CT:PK
