Partly allowed

Mrs Nirmala v. the Managing Director

Karnataka HC18 Nov 2023MFA/1169/2019

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed this first appeal partly against an award under the Workmen Compensation Act. While upholding the Tribunal's assessment of the deceased's monthly income at Rs.8,000, the Court enhanced the compensation by granting Rs.4,500 towards funeral expenses which were previously omitted.

What did the court decide?

Enhancement of compensation amount by granting Rs.4,500 towards funeral expenses, making the total compensation Rs.6,70,254/-.

Mrs Nirmala Vs the Managing Director — Karnataka HC (2023) — LawSathi Research

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1 - NC: 2023:KHC:43160 MFA No. 1169 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 1169 OF 2019

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BETWEEN:

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MRS. NIRMALA W/O LATE MARIYADAS A AGED ABOUT 44 YEARS,

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KUMARI MARY MARGRET M D/O LATE MARIYADAS A AGED ABOUT 23 YEARS,

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MR. ARUN KUMAR S/O LATE MARIYADAS A AGED ABOUT 21 YEARS,

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Digitally signed by JAI JYOTHI J Location: HIGH COURT OF KARNATAKA

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MASTER KIRAN KUMAR S/O LATE MARIYADAS A AGED ABOUT 19 YEARS,

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ALL ARE RESIDING AT: NO.3421/010 KRISHNA LAYOUT, A.NARAYANAPURA NEAR ANJANAYA TEMPEL DOORVANINAGAR BANGALORE NORTH BANGALORE-560016.

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…APPELLANTS

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(BY SRI. HARISH BABU K.N.,ADVOCATE)

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2 - NC: 2023:KHC:43160 MFA No. 1169 of 2019

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AND:

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THE MANAGING DIRECTOR SECURITRANS INDIA PVT. LTD., NO.14, TAMARA KANNAN ROAD OPP ADARSHA CINEMA, ULSOOR, BANGALORE -560008

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AND ALSO OFFICE AT:

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THE MANAGING DIRECTOR SECURITRANS INDIA PVT LTD NO.10, DDA COMMERCIAL COMPLEX, SAGARPUR DELHI SOUTH WEST DELHI-110046. DELHI

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THE MANAGING SBI GENERAL INSURANCE COMPANY LTD NATRAJ 101, 102 & 103 JUNCITON OF WESTEREN EXPRESS HIGHWAY ANDHERIKURLA ROAD ANDHERI (EAST) MUMBAI-400069 MAHARASHTRA

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AND ALSO OFFICE AT:

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THE MANAGER SBI GENERAL INSRUANCE COMPANY LTD RUKMINI TOWERS NO.3/1 PLATFORM ROAD SHESHADRIPURAM BANGALORE-560020

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…RESPONDENTS

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(BY V/O DTD: 01.08.2022 NOTICE TO R1 IS D/W; SRI.B.C. SHIVANNA GOWDA.,ADVOCATE FOR; SRI. B. PRADEEP FOR R2)

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3 - NC: 2023:KHC:43160 MFA No. 1169 of 2019

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THIS MFA IS FILED U/S.30(1) OF THE WORKMEN COMPENSATION ACT, AGAINST THE JUDGMENT AND AWARD DT.29.06.2018 PASSED ON ECA NO.56/2016 ON THE FILE OF THE 2ND ADDITIONAL JUDGE & XXVIII ACMM, COURT OF SMALL CAUSES, BENGALURU (SCCH13), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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This is an appeal filed by the claimants assailing the order passed in ECA No.56/2016, dated 29.06.2018 by the MACT, Tumkur.

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The claim petition is filed under Section-22 of Workmen's Compensation Act, 1923 seeking compensation of an amount of Rs.25,00,000/- for the death of the deceased in the course of the employment. According to

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the claimants he was working as a driver with the first respondent and drawing a salary of Rs.18,000/- p.m.

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NC: 2023:KHC:43160 MFA No. 1169 of 2019

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Because of the injuries sustained during the course of the employment they have spent Rs.1,00,000/- towards medicines, Rs.50,000/- towards conveyance and other expenses.

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The court below considering the evidence on record where Exhibit– R1 and R2 are the pay particulars, Exhibits-R4 to R9 are the salary slips, according to the claimants it is Rs.18,000/-, according to the employer it is Rs.12,000/-, but the pay particulars and the salary slips are showing some other amounts. The court below had taken Rs.8,000/- as income and considering the medical expenses of Rs.13,474/granted an amount of Rs.6,65,754/-. This Court has admitted the appeal on the following substantial question of law:

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"Whether the Tribunal is just in taking the monthly salary of the deceased of Rs.8,000/(Rupees Eight Thousand Only) as against Rs.18,336/- (Rupees Eighteen Thousand Three Hundred and Thirty Six Only) per month, and also over time duty he was earning additional

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5 - NC: 2023:KHC:43160 MFA No. 1169 of 2019

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income of Rs.4,000/- (Rupees four Thousand Only) per month and Rs.200/- (Rupees Two Hundred Only) bata per day?"

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Learned counsel appearing for the appellant submits that the court below failed to grant any amount towards funeral expenses. It is submitted that when the deceased was drawing a salary of an amount of Rs.18,000/- the court below had considered only an amount of Rs.8,000/-. He submits that even as per the employer the deceased was drawing a salary of Rs.12,000/-p.m. The court below ought to have considered the same.

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On the other hand, the learned counsel for the insurance company submits that as per the pay slips it is Rs.10,000/- and as per account details it is showing a different amount and there is no clarity whether the salary

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was being paid by the respondent or whether the deceased was receiving the said amount from some body

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NC: 2023:KHC:43160 MFA No. 1169 of 2019

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else. He submits that the burden is on the claimants to prove the same. As they failed to prove the court below

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had rightly taken Rs.8,000/- as income and granted the compensation. He submits that no grounds are made out for enhancement of the compensation.

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6. Having heard the learned counsel on either

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side, perused the entire material on record. As far as considering the income at Rs.8,000/- is concerned as rightly pointed out by the learned counsel for the respondent there is lot of discrepancy between Exhibits-R1 and R2, R4 to R9 and Exhibit R3. The court below considering all these had rightly taken the income at Rs.8,000/- and granted an amount of Rs.6,52,280/- under

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the head of loss of dependency and the medical bills amounting to Rs.13,474/- was granted. Altogether an amount of Rs.6,65,754/- was granted. This court finds no reason to interfere with the said finding, but towards

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funeral expenses the claimants are entitled for an amount of Rs.4,500/- which was not granted by the court

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NC: 2023:KHC:43160 MFA No. 1169 of 2019

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below. Hence, the appeal is partly allowed by granting an amount of Rs.4,500/towards funeral expenses .

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Altogether a compensation Rs.6,70,254/-.

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Accordingly, the appeal is partly allowed ,

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enhancing the compensation amount from Rs.6,65,754/to Rs.6,70,254/-.

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i) The respondent - insurance company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security.

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ii) Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay.

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NC: 2023:KHC:43160 MFA No. 1169 of 2019

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iii) No costs.

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Pending miscellaneous petitions, if any, shall stand closed.

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Sd/JUDGE

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JJ List No.: 1 Sl No.: 140

Mrs Nirmala v. the Managing Director

Case brief

What is this about?

What did the court decide?

Mrs Nirmala v. the Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

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