Partly allowed

Sri Ravi v. Sri Tippu Asif

Karnataka HC26 Jun 2023MFA/8427/2012

Case brief

AI extract

What is this about?

The High Court allowed the compensation quantum awarded by the Labour Commissioner but corrected the rate of interest to the statutory rate of 12% p.a. from the date of the accident.

What did the court decide?

Interest rate modified to 12% p.a. from date of accident till realization.

What the court decided

Sri Ravi Vs Sri Tippu Asif — Pension and Retirement Benefits | Karnataka HC (2023)

¶1

NC: 2023:KHC:22125 MFA No. 8427 of 2012

¶2

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 26^TH DAY OF JUNE, 2023

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 8427 OF 2012 (WC)

¶7

BETWEEN:

¶8

SRI RAVI S/O SRI NAGARAJ NAIK AGED ABOUT 26 YEARS OCC:COOLIE CUM CLEANER R/O ARASAPURA TANDA ARASAPURA TALUK BALAVANAHALLI HOBLI KORATAGERE TALUK TUMKUR DISTRICT

¶9

…APPELLANT

¶10

(BY SRI. SURESH M. LATUR., ADV.)

¶11

AND:

¶12

Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA

¶13

SRI TIPPU ASIF S/O SRI TIPPUNUR R/O NO.54, BAZAR STREET NEELASANDRA MAIN ROAD SHANTHINAGAR, BANGALORE

¶14

THE MANAGER RELIANCE GENERAL INSURANCE CO. LTD., SHUBHASHREE, MAHENDRA TOWERS, 2ND FLOOR, 11TH MAIN III BLOCK, JAYANAGAR BANGALORE-11

¶15

…RESPONDENTS

¶16

2 - NC: 2023:KHC:22125 MFA No. 8427 of 2012

¶17

(BY SRI. H S LINGARAJ, ADV. FOR R2; R1 IS SERVED)

¶18

THE MFA IS FILED U/S 30(1) (A) OF W.C. ACT AGAINST THE JUDGMENT DATED 06.02.2012 PASSED IN WCA.NO./NFC/CR/NO.27/2008 ON THE FILE OF THE LABOUR OFFICER AND COMMISSIONER FOR WORKMEN COMPENSATION, SUB DIVISION-3, KARMIKA BHAVANA, BANNER GHATTA ROAD, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION & FURTHER SEEKING ENHANCEMENT OF COMPENSATION.

¶19

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

¶20

JUDGMENT

¶21

This appeal is filed by the claimant under Section 30(1)(A) of the Workman's Compensation Act, 1923 (for short 'the Act' ) challenging the impugned order and award dated 06.02.2012 passed in

¶22

WCA.NO./NFC/CR/No.27/2008 by the Commissioner, Workman Compensation, seeking enhancement of compensation.

¶23

¶24

NC: 2023:KHC:22125 MFA No. 8427 of 2012

¶25

Brief facts:

¶26

On 26.01.2008 the appellant was traveling in the Lorry bearing Reg.No.KA-01-A-106 as a Coolie-cumCleaner from Ananthpur to Bangalore. At that time, on Bangalore-Bellary Road near Iriganahalli Gate, the Driver of the said Lorry drove the vehicle with high speed in a rash and negligent manner, lost control over the vehicle, due to which the Lorry turtled to the left side and the appellant sustained grievous injuries.

¶27

Hence, a claim petition was filed by the appellantclaimant before the Labour Commissioner. The Labour Commissioner on appreciating the evidence on record, allowed the claim petition in part, and awarded a compensation of Rs.2,01,889/- along with interest at 7.5% and 12% per annum. The Commissioner held respondent No.2/Insurance Company therein liable to pay the compensation.

¶28

4 - NC: 2023:KHC:22125 MFA No. 8427 of 2012

¶29

Heard the arguments of learned counsel for both the

¶30

sides and perused the records.

¶31

Learned counsel for the appellant/claimant submitted that in the present case, the claimant had suffered fracture of shaft of right leg femur and since the claimant is working as a coolie, the functional disability affected the loss of earning capacity to the extent of 100%. Therefore, contends to determine that claimant had suffered 100% functional disability and prays for enhancement of compensation.

¶32

On the other hand, learned counsel for the 2nd respondent/Insurance Company justifies the impugned order and award passed by the Commissioner. Therefore, prays to dismiss the appeal.

¶33

In the present case, the claimant who had suffered fracture of shaft of right leg femur, is a coolie by profession and that the Doctor had assessed the percentage of physical disability at 38.8% to the right

¶34

5 - NC: 2023:KHC:22125 MFA No. 8427 of 2012

¶35

lower limb and the Labour Commissioner took the permanent functional disability at 38% and awarded compensation, by taking the monthly income at Rs.4,000/per month.

¶36

The Doctor had not stated whether the injuries suffered by the claimant is partial permanent disability or permanent total disability. On a perusal of the material on record, certainly it cannot be held that the claimant had suffered permanent total disability, but can be held that it is partial permanent disability. The claimant had suffered fracture of shaft of right leg femur. Therefore, it cannot be said that the claimant suffered permanent total disability. In a case where a claimant suffers permanent total disability at 100%, loss of earning capacity can be held at 100%. But in the present case, the claimant had suffered fracture of shaft of right leg femur and the Doctor had stated that the claimant suffered 38.8% disability and therefore, the Labour Commissioner is correct in holding 38% as partial permanent disability. Hence in the facts

¶37

6 - NC: 2023:KHC:22125 MFA No. 8427 of 2012

¶38

and circumstances of the present case and considering the nature of injuries suffered by the claimant, at the most it

¶39

can be held that the claimant had suffered partial permanent disability, but certainly not permanent total disability. Therefore, this Court opines that the Labour Commissioner is correct in holding the disability as 38%

¶40

and considering the monthly income at Rs.4,000/- per month, the determination of compensation by the learned Commissioner, is just and proper. Therefore, there is no good ground available for causing interference with the compensation awarded by the Labour Commissioner.

¶41

The citations relied upon by the learned counsel for the appellant/claimant have no bearing and are not applicable to the present case. The present case at the most can be considered as a case of partial permanent disability, but not as permanent total disability.

¶42

Learned Commissioner has committed error in granting interest at the rate of 7.5% and 12% from 60 days from the date of order. As per Section 4A(3)(a) of

¶43

7 - NC: 2023:KHC:22125 MFA No. 8427 of 2012

¶44

the Act, the statutory rate of interest is at 12% p.a. from the date of accident till the date of realization. The Constitution Bench of the Hon'ble Supreme Court in the case of PRATAP NARAIN SINGH DEO Vs. SRINIVAS SABATA AND ANOTHER reported in AIR 1976 SC 2221 has held that the claimant would be entitled for interest applicable from the date of accident till the date of realization. To this extent the appeal is liable to be allowed.

¶45

Accordingly, I proceed to pass the following :-

¶46

ORDER

¶47

i. The instant appeal is allowed in part .

¶48

ii. The impugned order and award dated 06.02.2012 in WCA/NFC/CR/No.27/2008 passed by the Labour Officer and Commissioner

¶49

for Workman Compensation, Sub-Division-3, Karmika Bhavana, Banner Ghatta Road,

¶50

8 - NC: 2023:KHC:22125 MFA No. 8427 of 2012

¶51

Bangalore, is confirmed insofar as quantum of compensation is concerned.

¶52

iii. But insofar as the rate of interest is concerned, the same is modified to that of 12% p.a. from the date of accident till the date of realization.

¶53

iv. No order as to costs.

¶54

v. Draw the award accordingly.

¶55

Sd/JUDGE

¶56

¶57

List No.: 2 Sl No.: 3

Sri Ravi v. Sri Tippu Asif

Case brief

What is this about?

What did the court decide?

What the court decided

Sri Ravi v. Sri Tippu Asif

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

B K Basavaraju Vs the Oriental Insurance Co. Ltd.

Sri M Manohar Kini Vs Sri B Ibrahim

Chikkabeeramma Vs Vishala W/O Govinda

K R Rajegowda Vs Nagamma

Madhav Singh S/O Narayana Singh Vs M D of Bmtc

Smt. Vijayalakshmi Shekhar Vs Sri. K. R. Kumar Rao