Partly allowed

Shivraj S/O Nagshetty Shalikar v. Kishor

Karnataka HC20 Oct 2014MFA/30004/2011

Case brief

AI extract

What is this about?

In this miscellaneous first appeal under the Workmen's Compensation Act, the High Court partly allowed the appellant's appeal. While affirming the Commissioner's assessment of disability percentage and the principal compensation amount, the Court held that interest must be payable from the date of the accident based on the apex court precedent.

What did the court decide?

The appeal allowed in part; appellant is entitled to interest at 12% p.a. from 27.03.2008 till payment of the awarded sum of Rs.1,46,966.

Shivraj S/O Nagshetty Shalikar Vs Kishor — Civil Procedure and Limitation | Karnataka HC (2014)

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MFA 30004/11

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IN THE HIGH COURT OF KARNATAKA GULBARGA BENCH

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DATED THIS THE 20^TH DAY OF OCTOBER, 2014

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BEFORE:

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THE HON’BLE MR. JUSTICE A.S.PACHHAPURE

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MISCELLANEOUS FIRST APPEAL No.30004 OF 2011 [WC]

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BETWEEN:

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Shivraj, S/o. Nagshetty Shalikar, Age: 52 years, Occ: driver [now nil], R/o. Dubalgundi, Tq: Humnabad, Dist: Bidar. … APPELLANT/S [By Sri. Sharanabasappa K.Babshetty, Adv.]

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AND:

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Kishor, Age: major, Occ: owner of lorry, R/o.8-5-255/10, Bopeshnagar, Karman Ghat, Rangareddy District [AP].

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The Manager, Cholamandalam General Insurance Co. Ltd., Dair House, 2^nd Floor, No.234,

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MFA 30004/11

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N.C.C. Bhose Road, Chennai-600 0001. … RESPONDENT/S

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[By Sri. C.S.Kalburgi, Adv. for R2. Notice to R1 is dispensed with.]

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This MFA is filed under Section 30(1) of the WC Act against the Judgment and Award dated 31.05.2010 passed in Ka Aa Bee/Ka Na Pa Ka/N.F.C/CR-17/2008 on the file of the Commissioner for Workmen’s Compensation Bidar, partly allowing the claim petition and seeking enhancement of compensation.

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This MFA coming on for Final Hearing, this day the Court delivered the following:

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JUDGMENT

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The appellant, dissatisfied with the amount of

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compensation granted to him for the injuries

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sustained in the course of his employment has filed this appeal, seeking enhancement.

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The facts reveal that the appellant was the

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driver on the lorry bearing reg. No.AP-29/TA-1009. On 26.03.2008 in the midnight, an accident occurred

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and thereby he suffered grievous injuries. He was

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treated in the hospital and as he suffered

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MFA 30004/11

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disability, he made a claim for compensation before the Commissioner, with interest.

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During the enquiry, he was examined as P.W.1, the doctor was examined as P.W.2 and in their evidence, Exs.P1 to 9 were marked.

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Learned Commissioner assessed the income of the claimant at Rs.4,000-00 p.m. and the disability at 40%, has granted a sum of Rs.1,46,966-00 with interest at 12% p.a. Dissatisfied with the amount, the present appeal is filed, seeking enhancement.

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I have heard learned counsel for the

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appellant and also the insurer.

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The perusal of the material placed on record would reveal that the appellant has sustained the fracture of right tibia and fibula. There was non-united fracture of lateral condyle of right humerus and comminuted non-united fracture of olecronon process of ulna. After examination of the appellant, the doctor has assessed the disability at

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MFA 30004/11

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75% in the right leg and 25% of the whole body. Anyhow, the Commissioner has accepted the disability at 40% and the income at Rs.4,000-00 p.m.

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Under the provisions of the Workmen’s

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Compensation Act prior to the amendment, the maximum wages was Rs.4,000-00 p.m. and no error has been committed by the Commissioner in assessing the income of the injured. Though the doctor has certified the disability at 25%, the Commissioner has accepted the disability at 40% and there are no grounds to increase the disability to enhance the compensation. But, so far as the interest is concerned, it is granted from 27.04.2008 i.e., on the expiry of one month from the date of the accident. As held by the Apex Court in the decision reported in 2014(3) SCJ 274 [Saberabibi Yakubbhai Shaikh and others Vs. National Insurance Co. Ltd. and others], the interest is payable from the date of the accident. Therefore, at the most, the

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MFA 30004/11

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appellant is entitled to the interest at 12% p.a. from 27.03.2008.

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Consequently, the appeal is allowed in part, affirming the award of Rs.1,46,966-00, the appellant is entitled to interest at 12% p.a. from 27.03.2008 till its payment.

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Sd/-

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JUDGE. Ksm*

Shivraj S/O Nagshetty Shalikar v. Kishor

Case brief

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Shivraj S/O Nagshetty Shalikar v. Kishor

Case brief

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