Partly allowed

The Manager, Oriental Insurance Co.Ltd., v. Sri Khaja Husain S/O Husain Shab

Karnataka HC9 Aug 2023MFA/21723/2011

Case brief

AI extract

What is this about?

High Court of Karnataka allowed the insurance company's appeal in part. The court reduced the original compensation because the Commissioner failed to apply legal parameters and ignored medical evidence showing no disability.

What did the court decide?

Award of additional global compensation of Rs. 10,000/- along with interest at 12% per annum.

The Manager, Oriental Insurance Co.Ltd., Vs Sri Khaja Husain S/O Husain Shab — Karnataka HC (2023) — LawSathi Research

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NC: 2023:KHC-D:8633 MFA No. 21723 of 2011

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 9^TH DAY OF AUGUST, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

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MISCELLANEOUS FIRST APPEAL NO.21723/2011(WC)

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BETWEEN:

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THE MANAGER, ORIENTAL INSURANCE CO.LTD., BELLARY.REPRESENTED BY THE ASSISTANT MANAGER, ORIENTAL INSURANCE CO.LTD., SUMANGALA COMPLEX, IIND FLOOR, LAMINGTON ROAD,HUBLI.

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…APPELLANT

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(BY SRI M. Y. KATAGI, ADVOCATE)

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AND:

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SRI KHAJA HUSAIN S/O. HUSAIN SHAB, AGE: 32 YEARS, OCC: EX-LORRY DRIVER, R/O: AZAD NAGAR, KAUL BAZAR, BELLARY TALUKA AND DISTRICT.

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Digitally signed by SUJATA SUBHASH PAMMAR

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SRI S. SHIVA SHANKAR S/O. S.ANJANAYALU, AGE : MAJOR, OWNER OF LORRY NO. KA-04/B-130, R/O: GANGA NAGAR, NO.8, IIND MAIN ROAD, BANGALORE.

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…RESPONDENTS (NOTICE TO R1 IS HELD SUFFICIENT NOTICE TO R2 IS DISPENSED WITH)

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THIS MFA IS FILED UNDER SECTION 30(1) OF WORKMEN’S COMPENSATION ACT 1923, PRAYING TO CALL THE RECORDS FROM THE LOWER AND COURT AND ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE JUDGMENT AND AWARD DATED 29.09.2010 PASSED BY THE W.C. COMMISSIONER SUB-DIVISION –I, IN W.C.NO.447/2007 WITH COSTS IN THE INTEREST OF JUSTICE AND EQUITY.

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

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2 - NC: 2023:KHC-D:8633 MFA No. 21723 of 2011

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JUDGMENT

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The present appeal is filed by the appellantInsurance Company challenging the judgment and award dated 29.09.2010 in WC.No.447/2007 passed by the Labour Officer and Commissioner for Workmen’s Compensation, Sub-Division-1, Bellary, seeking reduction of quantum of compensation.

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The factum of accident is not in dispute.

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Heard the arguments from both sides and

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perused the records.

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Learned Commissioner has granted compensation of Rs.50,000/- by holding monthly wage at Rs.5,000/- and considering half of the wage for a period of 20 months by opining that he was not able to work as a driver for a period of 20 months and accordingly, awarded compensation of Rs.50,000/-. Learned Commissioner has not adopted the parameters as per law while determining the compensation.

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3 - NC: 2023:KHC-D:8633 MFA No. 21723 of 2011

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From the medical evidence on record, it is

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proved that the claimant had suffered simple injuries of cut laceration wound over the left dorsum and other injuries to the left leg and the above said injuries are simple in nature. There is no evidence that the claimant had suffered fractured injuries and he is unable to work as a driver. The doctor is not examined. Therefore, there is no evidence that the claimant had suffered fractured injuries and there is no evidence as to what are the disabilities suffered by the claimant and how that affects the earning capacity of the claimant. When this being the fact that the claimant had suffered simple injuries and in the absence of any disability as above discussed, it is just and proper to award additional global compensation of Rs.10,000/-. Therefore, the judgment and award passed by the learned Commissioner is liable to be modified by holding that the claimant is entitled for additional global compensation of Rs.10,000/- along with interest at the rate of 12% per annum from the date of accident till

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4 - NC: 2023:KHC-D:8633 MFA No. 21723 of 2011

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realization, in addition to what has been awarded by the Tribunal.

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following

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ORDER

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i. The appeal is allowed-in-part .

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ii. The impugned judgment and award dated 29.09.2010 in WC.No.447/2007 passed by the Labour Officer and Commissioner for Workmen’s Compensation, Sub-Division-1, Bellary, is hereby modified to the extent that the claimant is entitled to additional global compensation of Rs.10,000/- along with interest at the rate of 12% per annum from the date of accident till realization, in addition to what has been awarded by the Tribunal.

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iii. No order as to costs.

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5 - NC: 2023:KHC-D:8633 MFA No. 21723 of 2011

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iv. The amount in deposit by the appellant-

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Insurance Company shall be transmitted to the

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Tribunal forthwith.

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SD/JUDGE

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PB List No.: 2 Sl No.: 26 CT-ASC

The Manager, Oriental Insurance Co.Ltd., v. Sri Khaja Husain S/O Husain Shab

Case brief

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The Manager, Oriental Insurance Co.Ltd., v. Sri Khaja Husain S/O Husain Shab

Case brief

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What did the court decide?

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