Allowed

Mr Shankarappa @ Basu @ Shankar v. Sri M Mohammed

Karnataka HC13 Jan 2023MFA/916/2018

Case brief

AI extract

What is this about?

The High Court of Karnataka enhanced the rate of interest on compensation granted to claimants from 6% to 12% per annum under the Employees' Compensation Act, 1923, totaling the interest period, while denying interest for the delay in preferring the appeal.

What did the court decide?

Judgment and award modified to grant interest at 12% per annum from the date of accident till deposit; no interest for 522 days delay.

Mr Shankarappa @ Basu @ Shankar Vs Sri M Mohammed — Writ and Judicial Review | Karnataka HC (2023)

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MFA No. 916 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF JANUARY, 2023 BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.916 OF 2018 (WC)

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BETWEEN:

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MR. SHANKARAPPA @ BASU @ SHANKAR S/O LACHUMU,

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AGED ABOUT 49 YEARS,

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SHAM BAI @ SAAMABAI W/O SHANKARAPPA @ BASU @ SHANKAR, AGED ABOUT 44 YEARS.

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BHEEM BAI

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D/O SHANKARAPPA @ BASU @ SHANKAR, AGED ABOUT 26 YEARS,

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Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA

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PARASHURAM

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S/O SHANKARAPPA @ BASU @ SHANKAR, AGED ABOUT 25 YEARS,

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RENUKA

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D/O SHANKARAPPA @ BASU @ SHANKAR, AGED ABOUT 24 YEARS,

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YASHODHA

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D/O SHANKARAPPA @ BASU @ SHANKAR, AGED ABOUT 20 YEARS,

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ARJUNA

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S/O SHANKARAPPA @ BASU @ SHANKAR, AGED ABOUT 16 YEARS,

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APLLEANT NO. 7 IS A MINOR REPRESNTED BY HIS FATHER APPLEANT NO.1 HEREIN.

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MFA No. 916 of 2018

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ALL ARE R/AT AMBARA KHEDA THANDA, EJERI HOBLI, BALABATTI POST, JEVARGI TALUK, GULBARGA DISTRICT.

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…APPELLANTS

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(BY SRI. GURUPRASAD B R, ADVOCATE)

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AND:

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SRI. M MOHAMMED S/O PODIYA BEARY, AGED ABOUT 69 YEARS, R/AT BUDOLI HOUSE, NERALEKATTE POST - 574 253, BANTWAL TALUK.

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ORIENTAL INSURANCE CO LTD., BEAUTY PLAZA, BALMATTA, MANGALURU - 575 002, REPRESENTED BY ITS MANAGER.

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…RESPONDENTS

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(BY SRI. B.S. UMESH, ADVOCATE FOR R2, NOTICE TO R1 DISPENSED WITH VIDE ORDER DATED 27.11.2019)

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THIS MFA IS FILED U/S 30(1) OF EMPLOYEES COMPENSATION ACT, 1923, AGAINST THE JUDGMENT AND AWARD DATED 22.06.2016 PASSED IN ECA.NO.29/2014 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND COMMISSIONER AND EMPLOYEES COMPENSATION, MANGALURU, DAKSHINA KANNADA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION.

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

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MFA No. 916 of 2018

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JUDGMENT

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This appeal is filed by the appellants/claimants

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questioning the rate of interest granted by the Tribunal.

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2. Brief facts of the case are as follows:

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Deceased Kumari Jayashree was working as a loader in the goods Tempo bearing registration No.KA-19/A9284. On 17.12.2010, on the instruction of her employer, was traveling in the said tempo after loading jelly, towards worksite at Gurupura for loading. When the said tempo reached Kaikamba at about 8.45 a.m., the driver of the said tempo had lost control over the said tempo and caused the accident, due to which the deceased sustained grievous injuries and then succumbed to the injuries during treatment. Hence, the claimants being the mother, father and brothers and sisters of the deceased, have filed the claim petition under Employee's Compensation Act,1923 claiming compensation.

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MFA No. 916 of 2018

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appellants/claimants and the learned counsel for the respondents and perused the records.

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4. In the present case, the Tribunal/Commissioner

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by holding the income of the deceased at Rs.8,000/-, has granted a compensation of Rs.9,25,520/- with interest at the rate of 6% per annum from the date of petition till the date of realization of the amount.

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5. Being aggrieved by the rate of interest awarded

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by the Tribunal, the present appeal is filed by the appellants/claimants, seeking enhancement of rate of interest on the compensation awarded by the Tribunal/ Commissioner.

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6. In the present case, the deceased is a woman,

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died during the course of employment and the claimants herein are the parents, brothers and sisters of the

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MFA No. 916 of 2018

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deceased. The deceased was also contributed her income towards maintenance of the family. Due to her death, the life of her family is affected substantially. Therefore, in this way, some delay is caused in preferring the appeal, which borne out from the records. Hence, the delay in preferring the appeal is liable to be condoned.

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The Tribunal/Commissioner has granted interest at the rate of 6% per annum from the date of petition till the date of realization. But as per Clause -4 of Sub-section 3 of Section 4(A) of the Employees' Compensation Act, the rate of interest would be awarded at 12% per annum. The Tribunal has committed an error in awarding the rate of interest only at 6% per annum from the date of petition till the date of realization. Therefore, the interest is to be awarded at the rate of 12% per annum from the date of accident till the date of deposit.

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MFA No. 916 of 2018

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Accordingly, I proceed to pass the following:

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ORDER

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i. The Miscellaneous First Appeal is allowed-in-part.

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ii. The judgment and award passed in ECA No.29/2014 dated 29.05.2017 by the I Addl. Sr. Civil Judge and Commissioner for Employees' Compensation, Mangaluru, Dakshina Kannada, is hereby modified, to the extent that the claimants are entitled for the interest at 12% per annum from the date of accident till the date of deposit..

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iii. The appellants/claimants shall not be entitled for interest for 522 days delay in filing the appeal.

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iv. Costs made easy.

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v. Ordered accordingly.

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Sd/JUDGE

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snc

Mr Shankarappa @ Basu @ Shankar v. Sri M Mohammed

Case brief

What is this about?

What did the court decide?

Mr Shankarappa @ Basu @ Shankar v. Sri M Mohammed

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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