The High Court enhanced compensation from Rs. 50,000 to Rs. 2,38,488 determined at Rs. 4,000 monthly wages. Interest at 12% p.a. granted from the date of accident. Appeal partially allowed.
Appeal in part allowed; compensation enhanced to Rs. 2,38,488; interest at 12% p.a. granted; Respondent to deposit within 90 days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF MARCH, 2021
PRESENT
THE HON’BLE MRS.JUSTICE S.SUJATHA
AND
THE HON’BLE MR. JUSTICE P.N.DESAI
M.F.A.No.6033/2016 (WC)
BETWEEN :
SRI CHANDRAPPA DEAD BY LRs.
4 . KUM. ASHA D/O LATE CHANDRAPPA AGED ABOUT 22 YEARS, COOLIE ALL ARE R/O 3RD CROSS, SIDDARAMESHWARA BADAVANE, BETHUR ROAD, DAVANAGERE-577001 ...APPELLANTS
(BY SRI REVANNA BELLARY, ADV.)
AND :
S/O MOHAMMED HAYATH AGED ABOUT 44 YEARS, ENGINEER, R/O D.NO.977/43, 3RD MAIN, 9TH CROSS, CHOWDESHWARI BADAVANE BHAGATH SINGH NAGARA, DAVANAGERE - 577002
2 . SRI MAHABOOB SAB S/O SUBAN SAB AGED ABOUT 48 YEARS MASON CONTRACTOR, R/O CARLMARX NAGAR, 2ND CROSS, BETHUR ROAD, DAVANAGERE - 577002
3 . SMT.KAIRUNNISA W/O SHOWKATH ALI HUSSAIN AGED ABOUT 43 YEARS HOUSE MAKER, R/O D.NO.977/43 3RD MAIN, 9TH CROSS CHOWDESHWARI BADAVANE BHAGATH SINGH NAGARA DAVANGERE – 577002 …RESPONDENTS
(BY SRI T.S.CHANDRAPRABHA, ADV. FOR R-1 & R-3; R-2 SERVED.)
THIS M.F.A. IS FILED UNDER SECTION 30(1) OF WORKMEN COMPENSATION ACT, AGAINST THE JUDGMENT AND AWARD DATED PASSED 03.03.2016 IN ECA No.1/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MEMBER MACT-IV, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION.
THIS APPEAL COMING ON FOR HEARING, THIS DAY, S. SUJATHA, J ., DELIVERED THE FOLLOWING:
J U D G M E N T
This appeal is directed against the judgment and
award dated 03.03.2015 passed in ECA No.1/2014 on
the file of the Court of Principal Senior Civil Judge & MACT-IV, Davanagere ['Trial Court’ for short].
has taken treatment as an inpatient for about 1 ½ months and has spent huge medical expenses. The said injuries resulted in loss of earning capacity due to the permanent disability.
Sri.C.Manjunatha had lodged a complaint and police have registered Crime No.42/2008 for the offences punishable under section 337 and 338 of IPC. The legal notice issued to the respondents by certificate of posting and RPAD has not been duly served since the service of the same was purposefully evaded by the respondents.
petition averments. It was contended that the petitioner had filed the petition against the said respondent with malafide motive and intention in order to harass him. LRs of the original petitioner are claiming huge compensation without any basis. There was no nexus to the death of the original petitioner with the alleged accident.
preferred this appeal challenging the quantum of compensation awarded being inadequate.
petitioners/appellants submitted that the Trial Court grossly erred in determining the monthly wages of the employee at Rs.1,500/- to reckon the compensation under the provisions of the Act. Learned counsel further submitted that the rate of interest at 12% p.a., ought to have been awarded after 30 days of the date of the accident till its deposit by the employer.
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justifiable. Accordingly, he sought for dismissal of the appeal.
for the parties and perusing the material on record, the substantial questions of law that arise for our consideration are, –
i] Whether the Trial Court was justified in determining the monthly wages of the victim/original petitioner at Rs.1,500/who suffered injuries in the accident arising out of and in the course of his employment?
ii] Whether the compensation awarded by the Trial Court is just and reasonable in the facts and circumstances of the case?
liability for compensation. As per this provision, if personal injury is caused to an employee by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in
accordance with the provisions of Chapter-II however, subject to the proviso thereof. Section 4 of the Act deals with the amount of compensation liable to be paid by the employer. Section 4[1] [a] contemplates for the death resulting from the injury. Section 4[1][b] provides for permanent total disablement resulting from the injury sustained by the employee, in the accident arising out of and in the course of employment. In case of 4[1][b] an amount equal to 60% of the monthly wages of the injured employee multiplying by the relevant factor or an amount of Rs.1,40,000/- whichever is more is the amount of compensation to which the injured employee is entitled to. In terms of the proviso thereof, the Central Government may, by notification in the Official Gazette, from time to time, enhance the amount of compensation mentioned in Clauses [a] and [b] of Sub-section [1] of Section 4. For the purpose of clause [a] and [b] relevant factor in relation to an employee means the factor specified in the second column of Schedule IV in the
first column of that Schedule specifying the number of years which are the same as the completed years of the age of the employee on his last birthday immediately preceding the date on which the compensation fell due, as per the explanation provided thereof.
circumstances of the case, we deem it appropriate to determine the monthly wages of the original petitioner at Rs.4,000/- as the monthly wages of Rs.1,500/determined by the Trial Court being abysmally low. In terms of the aforesaid provisions, 60% of the monthly wages of the injured employee multiplied by the relevant factor would be the justifiable amount of compensation. Applying the same, Rs.2,38,488/- [Rs.2,400 x 99.37] would be the just and reasonable compensation to which the injured was entitled to. As the nexus between the death of the injured on 31.05.2009 and the accident on 12.04.2008 not being satisfactorily established, as
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rightly observed by the Trial Court, more particularly, in the absence of postmortem report made available on record, we have re-determined the compensation in terms of Section 4[1][b] of the Act.
claimants are entitled to interest at 12% p.a., after 30 days of the date of the accident till its deposit by the employer on the compensation amount awarded under provisions of the Act vide [vide Oriental Insurance
Company Limited Vs. Siby George & Others (AIR 2012 SC 3144)] .
ORDER
i) The appeal is allowed in part.
ii) The total compensation awarded by the Trial Court is modified and enhanced to Rs.2,38,488/- (Rupees two lakhs thirty eight thousand four hundred eighty eight only) as against Rs.50,000/- awarded.
iii) The appellants/claimants are entitled to interest on the aforesaid compensation amount of Rs.2,38,488/- @ 12% p.a. after completion of one month from the date of the accident till its deposit.
iv) The portion of the order of the Trial Court inasmuch as liability and disbursement remains intact.
v) The respondent No.1 shall deposit the amount determined as aforesaid before the Trial Court within 90 days from the date of receipt of the certified copy of the judgment and order.
vi) The modified compensation amount shall be disbursed in terms of the order of the Trial Court.
vii) Draw modified award accordingly.
Sd/JUDGE
Sd/JUDGE
NC.
3 issues framed by the court
Whether the Trial Court was justified in determining the monthly wages of the victim at Rs. 1,500/- for compensation calculation?
Whether the compensation awarded by the Trial Court is just and reasonable in the facts and circumstances of the case?
Whether the claimants are entitled to interest at 12% p.a. after 30 days from the date of accident?
Colour shows how this judgement treated each authority
Oriental Insurance Company Limited Vs. Siby George & OthersApplied¶61
Oriental Insurance Company Limited Vs. Siby George & Others (AIR 2012 SC 3144) · Who else cites this
4 provisions across 3 enactments
Sri Sandrapa his LRs
Sri Shaukath Ali Hussain
Sri Mahaboob Sab
Smt Kairunnisa
S. SUJATHA
P.N.DESAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
