Dismissed

The Oriental Insurance Company Limited v. Shivanand Mahadev Khot

Karnataka HC9 Feb 2024MFA/20051/2013

Case brief

AI extract

What is this about?

This High Court dismissed an appellant insurance company appeal and set aside a claimant's cross-objection filed in the Dharwad Bench. Appeals under Workmen's Compensation Act challenged a sum awarded for accidental injuries sustained by a coolie. The court upheld the awarded sum.

What did the court decide?

Appeal by Insurance Company and Cross Objection by Claimant dismissed; amount in deposit transmitted to CWC.

The Oriental Insurance Company Limited Vs Shivanand Mahadev Khot — Karnataka HC (2024) — LawSathi Research

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NC: 2024:KHC-D:3141 MFA No. 20051 of 2013 C/W MFA.CROB No. 100184 of 2014

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE V.SRISHANANDA

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MISCELLANEOUS FIRST APPEAL NO.20051 OF 2013 (WC)

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C/W

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MFA CROSS OBJ NO.100184 OF 2014

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IN M.F.A. NO.20051 OF 2013

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BETWEEN:

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THE ORIENTAL INSURANCE COMPANY LIMITED DIVISIONAL OFFICE, MADIWAL COMPLEX, CLUB ROAD, BELAGAVI, REPRESENTED BY ITS ASST. MANAGER, REGIONAL OFFICE, SUMANGALE COMPLEX, 2^ND FLOOR, LAMINGTON ROAD, HUBLI-29.

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…APPELLANT

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(BY SRI. G.N. RAICHUR, ADVOCATE)

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AND:

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SRI. SHIVANAND MAHADEV KHOT AGE: 24 YEARS, OCC: NIL, R/O. ANANTPUR, TQ: ATHANI, DIST: BELAGAVI.

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Digitally
signed by
SAROJA
SAROJA HANGARAKI
HANGARAKI Date:
2024.02.19
16:06:35
+0530

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SRI. ASHOK BHIMANNA KHOT AGE: MAJOR, OCC: BUSINESS, R/O. ANANTHPUR TQ: ATHANI, SINCE DECEASED BY LR’S

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2(A) SMT. SHOBHA W/O. ASHOK KHOT, AGE: 51 YEARS, OCC: HOUSE HOLD, R/O: NEAR BUS STAND ANANTPUR, VILLAGE BELAGAVI-590023.

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2(B) SRI. GIRISH S/O. ASHOK KHOT AGE: 23 YEARS, OCC: HOUSEHOLD, R/O: NEAR BUS STAND ANANTPUR VILLAGE, BELAGAVI-590023.

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…RESPONDENTS

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2 - NC: 2024:KHC-D:3141 MFA No. 20051 of 2013 C/W MFA.CROB No. 100184 of 2014

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(BY SRI. ASHOK A.NAIK, ADVOCATE FOR R1; R2A-R2B ARE SERVED)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30(1) OF WC ACT 1923, AGAINST THE JUDGMENT AND AWARD DATED 31.10.2012, PASSED IN WCA/SR NO.57/2011 ON THE FILE OF THE LABOUR OFFICER AND COMMISSIONER FOR WORKMENS COMPENSATION, SUB-DIVISION-1, BELAGAVI DISTRICT BELAGAVI, AWARDING THE COMPENSATION OF RS.1,06,627/- WITH INTEREST AT THE RATE OF 12% P.A. FROM THE DATE OF PETITION AND SHALL BE DEPOSITED WITHIN 30 DAYS FROM THE DATE OF THE ORDER.

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IN MFA. CROSS OBJ NO.100184 OF 2014

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BETWEEN:

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SHIVANAND MAHADEV KHOT AGE: 26 YEARS, OCC: NIL, R/O. ANANTPUR, TQ: ATHANI, DIST: BELAGAVI.

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…APPELLANT

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(BY SRI. ASHOK A.NAIK, ADVOCATE)

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AND:

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SRI. ASHOK BHIMANNA KHOT AGE: 27 YEARS, OCC: BUSINESS, R/O. ANANTPUR TQ: ATHANI, DIST. BELAGAVI.

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THE DIVISIONAL MANAGER, THE ORIENTAL INSURANCE CO.LTD., DIVISIONAL OFFICE, CLUB ROAD, BELAGAVI.

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…RESPONDENTS

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(BY SRI. G.N. RAICHUR, ADVOCATE FOR R2; R1 DECEASED)

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THIS MFA. CROB IN MFA No.20051/2013 FILED UNDER ORDER 41 RULE 22 OF CPC., AGAINST THE JUDGMENT AND AWARD DATED 31.10.2012 PASSED IN WCA:SR No.57/2011 ON THE FILE OF THE LABOUR OFFICER AND COMMISSIONER FOR WORKMEN COMPENSATION SUB-DIVISION-I BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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NC: 2024:KHC-D:3141 MFA No. 20051 of 2013 C/W MFA.CROB No. 100184 of 2014

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THESE M.F.A. AND MFA. CROB, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Sri.G.N.Raichur, learned counsel for the appellant and Sri.Ashok A. Naik, learned counsel for respondent No.1.

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These two appeals arise out of the judgment and award passed in WC/SR No.57/2011 on the file of Labour Office and Commissioner for Workmen’s Compensation (CWC for short), Belagavi under Section 3 and Section 22 of the Workmen’s Compensation Act.

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Brief facts of the case are as under:

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Claimant/Shivanand Mahadev Khot being the coolie working under respondent No.1 in the tractor and trailer unit bearing No.KA-36/T-3477 and KA.23/T-1002 sustained accidental injuries on 29.01.2010. Therefore, he laid a claim.

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Notice of the claim petition was issued to the respondents. Respondent No.1 appeared before CWC and admitted the fact that claimant was a coolie under him and he has sustained accidental injuries. Respondent No.2 –

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NC: 2024:KHC-D:3141 MFA No. 20051 of 2013 C/W MFA.CROB No. 100184 of 2014

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Insurance Company denied the averments of claim petition in toto.

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Tribunal after raising necessary issues and

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considering the oral and documentary evidence placed on record, allowed the claim petition in part and awarded a sum of Rs.1,06,627/- with interest at 12% p.a. after one month of the accident till deposits of realisaiton.

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Being aggrieved by the same, Insurance company as well as claimant is in appeal.

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Sri.G.N.Raichur, learned counsel contended that

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even though respondent No.1 has admitted that the claimant was an employee under him, there is no other evidence placed on record to show that there existed an employer and employee relationship and therefore, CWC ought not to have allowed the claim petition in part.

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He also pointed out that the T.T. unit was not used for agricultural purpose and therefore, Insurance Company is not liable to pay the compensation.

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Per contra, Sri.Ashok A. Naik, learned counsel while supporting the impugned judgment, sought for enhanced

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5 - NC: 2024:KHC-D:3141 MFA No. 20051 of 2013 C/W MFA.CROB No. 100184 of 2014

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compensation on the ground that income has not been properly assessed.

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Having heard the parties in detail, this Court

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perused the material on record, meticulously.

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On such perusal of the material on record, since respondent No.1 has admitted the employer and employee relationship and accident has occurred during the course of employment, CWC was justified in holding that the claimant sustained accidental injuries on account of rash and negligent driving by the driver of the tractor and trailer unit and therefore, he is entitled for the compensation is just and proper.

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Insofar as quantum of compensation is concerned, Tribunal has taken into consideration his monthly salary as is admitted by respondent No.1 and rightly calculated the quantum of compensation taking into note of the medical evidence placed on record.

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Therefore, there is no scope for either reduction of the compensation or enhancement of the compensation.

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In view of the foregoing discussions, following:

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6 - NC: 2024:KHC-D:3141 MFA No. 20051 of 2013 C/W MFA.CROB No. 100184 of 2014

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ORDER

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(i) Appeal filed by the Insurance Company and Cross objection filed by the claimant is hereby dismissed.

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(ii) Amount in deposit is ordered to be transmitted to the CWC for disbursement in accordance with law.

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Sd/JUDGE

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KAV

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List No.: 2 Sl No.: 25

The Oriental Insurance Company Limited v. Shivanand Mahadev Khot

Case brief

What is this about?

What did the court decide?

The Oriental Insurance Company Limited v. Shivanand Mahadev Khot

Case brief

What is this about?

What did the court decide?

What the court decided

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