Partly allowed

Vimalakshi v. Reliance General Insurance Co. Ltd.

Karnataka HC26 Jun 2024MFA/6492/2017

Case brief

AI extract

What is this about?

Claimants sought enhancement of employees' compensation for death in course of employment. The High Court applied the Section 4(1B) wage ceiling of Rs.8,000, reassessed loss of dependency at Rs.7,88,240 with funeral expenses of Rs.5,000, awarding Rs.7,93,240 with 12% interest.

What did the court decide?

Enhanced total compensation of Rs.7,93,240/- with interest at 12% p.a.; insurer to pay principal after deducting amounts paid, owner to pay interest and penalty.

Vimalakshi Vs Reliance General Insurance Co. Ltd. — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:23540 MFA No. 6492 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 26^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

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MISCELLANEOUS FIRST APPEAL NO. 6492 OF 2017 (WC)

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BETWEEN:

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VIMALAKSHI W/O T.RAMESH, AGED ABOUT 37 YEARS,

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CHANDANA D/O T.RAMESH,

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AGED ABOUT 15 YEARS,

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DINESH S/O T.RAMESH, AGED ABOUT 14 YEARS, STUDENT,

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Digitally signed by SUMITHRA R Location: HIGH COURT OF KARNATAKA

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VARUN S/O T.RAMESH, AGED ABOUT 12 YEARS, STUDENT,

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APPELLANTS-2 TO 4 ARE MINORS, REP.BY GUARDIAN, NATURAL MOTHER APPELLANT-1

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ALL ARE R/AT CHIKKENAHALLI VILLAGE, GOPANAHALLI POST, KASABA HOBLI, CHALLAKERE TALUK, CHITRADURGA DIST-577 501, NOW RESIDING AT KELAGOTE, CHITRADURGA-577 501.

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…APPELLANTS

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(BY SRI. SPOORTHY HEGDE.N, ADVOCATE)

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2 - NC: 2024:KHC:23540 MFA No. 6492 of 2017

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AND:

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RELIANCE GENERAL INSURANCE CO. LTD REP BY ITS BRANCH MANAGER, BRANCH OFFICE, NO.1 & 2, 1^ST FLOOR, MAGANOOR COMMERCIAL, COMPLEX, B.D.ROAD, CHITRADURGA-577 501.

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C.R.THIPPESWAMY S/O RANGAPPA, AGED ABOUT 52 YEARS, OWNER OF TRACTOR TRAILER, BEARING REG.NO.KA-16/TA-4678-79, R/O CHIKKENAHALLI VILLAGE, CHALLAKERE TALUK, CHITRADURGA DISTRICT-577 001.

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…RESPONDENTS

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(BY SRI. D.VIJAY KUMAR, ADVOCATE FOR R1; R2-NOTICE DISPENSED WITH VIDE ORDER DATED 19-12-2023)

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THIS MFA IS FILED U/S.30(1) OF THE EMPLOYEES COMPENSATION ACT, 1923 AGAINST THE JUDGMENT AND AWARD DT.16.08.2016 PASSED ON ECA NO.59/2015 ON THE FILE OF THE 2ND ADDITIONAL SENIOR CIVIL JUDGE & COMMISSIONER, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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3 - NC: 2024:KHC:23540 MFA No. 6492 of 2017

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JUDGMENT

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This appeal is filed by the claimants seeking enhancement of compensation awarded by the II Additional Senior Civil Judge and Commissioner, Chitradurga, by judgment and award dated 16.08.2016 in ECA No.59/2015.

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The factum of accident and the death of

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deceased during the course of employment are not in dispute.

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Heard the arguments of both sides and perused

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the materials on record.

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In the present case learned Commissioner has held wages of Rs.6,000/- per month and accordingly, determined the compensation. The accident was caused on 23.08.2013, therefore, as per Section 4(1B) of Employees Compensation Act, 1923, monthly wage of Rs.8,000/- is taken into consideration.

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4 - NC: 2024:KHC:23540 MFA No. 6492 of 2017

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Deceased was aged 35 years as on the date of

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accident and the accident has occurred on 23.08.2013.

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The relevant factor in respect of deceased is ‘197.06’. Therefore, ‘loss of dependency’ is hereby reassessed as under:

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Rs.8,000/- – 50% (Rs.4,000/-) = Rs.4,000/-

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Rs.4,000/- x 197.06 = 7,88,240/-.

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Thus, the claimants are entitled for compensation of

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Rs.7,88,240/- under the head ‘loss of dependency’.

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Further, compensation of Rs.5,000/- is awarded

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under the head ‘funeral expenses’.

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Thus, the claimants are entitled to total

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compensation of Rs.7,93,240/- with interest at 12% p.a. from the date of accident till the date of realization.

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Accordingly, the appeal is allowed in part . Respondent No.1/Insurance Company is directed to pay the principal amount of compensation awarded by this Court after deducting the amount already paid, if any, to

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5 - NC: 2024:KHC:23540 MFA No. 6492 of 2017

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the claimants and respondent No.2/Owner shall pay interest and penalty at rate of 12% p.a. from the date of accident till realization to the above determined

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compensation amount.

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Sd/JUDGE

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KTY List No.: 1 Sl No.: 26

Vimalakshi v. Reliance General Insurance Co. Ltd.

Case brief

What is this about?

What did the court decide?

Vimalakshi v. Reliance General Insurance Co. Ltd.

Case brief

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