Partly allowed

Mr. Abdul Yane Mahammad @ Abu Mohmed v. Smt. Anitha Dsouza

Karnataka HC1 Sept 2023MFA/1337/2019

Case brief

AI extract

What is this about?

This Miscellaneous First Appeal concerns the liability of an insurance company to pay employee compensation and interest. The High Court allowed the appeal in part and directed the insurer to pay the full award and interest at 12% per annum.

What did the court decide?

Respondent No.2 (Insurance Co.) to pay total compensation of Rs.4,08,825 along with interest at 12% per annum from 12.04.2016.

Mr. Abdul Yane Mahammad @ Abu Mohmed Vs… — Civil Procedure and Limitation | Karnataka HC (2023)

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1 - NC: 2023:KHC:31507 MFA No. 1337 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN MISCELLANEOUS FIRST APPEAL NO.1337 OF 2019 (ECA)

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BETWEEN:

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MR. ABDUL YANE MAHAMMAD @ ABU MOHMED S/O. IBRAHIM AGED 68 YEARS R/AT ALI SAHEB COMPOUND JARINAGARA, BAJPE MANGALURU D.K. DISTRICT-574 142.

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…APPELLANT

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(BY SRI RAVISHANKAR SHASTRY G., ADVOCATE)

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AND:

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Digitally signed by H K HEMA Location: High Court of Karnataka

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SMT. ANITHA D'SOUZA W/O. SIMON D'SOUZA ADULT R/AT SOUZA ENTERPRISES, KALLODI MALAVOOR VILLAGE, BAJPE POST MANGALORE TALUK D.K. DISTRICT-574 142.

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NATIONAL INSURANCE CO. LTD. BHARATH BUILDING, 3RD FLOOR P.M. RAO ROAD, MANGALURU D.K. DISTRICT-575 003 REP. BY ITS BRANCH MANAGER.

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…RESPONDENTS

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(BY SRI H.S. LINGARAJ, ADVOCATE FOR R.2; R.1: SERVED AND UNREPRESENTED.)

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2 - NC: 2023:KHC:31507 MFA No. 1337 of 2019

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THIS MFA IS FILED UNDER SECTION 30(1) OF ECA ACT, PRAYING TO MODIFY/SET ASIDE THE JUDGMENT AND AWARD DATED 13.04.2018, IN E.C.A. NO.14/2016 PASSED BY THE COMMISSIONER FOR EMPLOYEES COMPENSATION AND II ADDITIONAL SENIOR CIVIL JUDGE & CJM., MANGALURU, D.K. AND CLAIM PETITION BE ALLOWED AS PRAYED FOR BY ALLOWING THIS APPEAL IN THE ENDS OF JUSTICE.

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THIS APPEAL COMING ON FOR ADMISSION, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Aggrieved by the judgment and award dated 13.04.2018 passed in ECA No.14/2016 by the II Additional Senior Civil Judge & CJM at Mangaluru D.K. (for short ‘the trial Court’), the petitioner therein has preferred this appeal.

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For the sake of convenience, the parties are referred to as per their ranking before the trial Court.

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The brief facts of the case are as follows:

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3 - NC: 2023:KHC:31507 MFA No. 1337 of 2019

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Petitioner was an employee of respondent No.1. On 12.03.2016, he met with an accident in the course of his employment. The injuries suffered by him are duly insured with respondent No.2 - Insurance Company. Based on the evidence let-in, the trial Court has awarded a total compensation of Rs.4,08,825/- along with interest at the rate of 6% per annum from the date of the order till entire realization. Of the said amounts, respondent No.1 - employer has been directed to pay a sum of Rs.74,942/and respondent No.2 - Insurance Company is directed to pay a sum of Rs.3,33,883/-. The petitioner has preferred this appeal on the ground that the entire amount is liable to be paid by respondent No.2 - Insurance Company and the interest has to be paid at the rate of 12% per annum after one month from the date of accident which is 12.03.2016. The other claims made in the appeal are given up at the time of the argument.

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The learned Advocate for respondent No.2 - Insurance Company submits that as per the terms of the

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4 - NC: 2023:KHC:31507 MFA No. 1337 of 2019

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contract, the Insurance Company is liable to pay the entire compensation amount along with interest at the rate of 12% per annum after one month from 12.03.2016 and that he has objection for modification of the impugned order to that extent, if the petitioner does not seek for enhancement of compensation.

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Hence, the following:

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ORDER

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i. The appeal is allowed in part ;

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ii. The petitioner is entitled for a total compensation of Rs.4,08,825/-.

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iii. The petitioner is also entitled to interest at the rate of 12% per annum from 12.04.2016 on the said compensation amount of Rs.4,08,825/- till the date of deposit minus interest for 224 days, the period of delay in filing the appeal;

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iv. The respondent No.2- Insurance Company is liable to pay the aforementioned amounts and the same shall be paid within a period of

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5 - NC: 2023:KHC:31507 MFA No. 1337 of 2019

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six weeks from today after deducting any amounts already paid.

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v. Office to draw modified award accordingly;

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vi. Registry to return the records to the jurisdictional Tribunal forthwith.

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SD/JUDGE

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VMB

Mr. Abdul Yane Mahammad @ Abu Mohmed v. Smt. Anitha Dsouza

Case brief

What is this about?

What did the court decide?

Mr. Abdul Yane Mahammad @ Abu Mohmed v. Smt. Anitha Dsouza

Case brief

What is this about?

What did the court decide?

What the court decided

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