Single judge held accident injuries occurred course employment negligence claimant driving irrelevant. Awarded Rs. 1,56,180 compensation jointly severally respondents insurer owner paying interest.
Compensation of Rs. 1,56,180 awarded with interest at 12% per annum from date of petition; respondents jointly and severally liable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF NOVEMBER, 2024 BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.7442 OF 2015 (WC)
BETWEEN:
SRI MOHAMMED SHAKEER S/O. R. ABDUL KGHANI, AGED ABOUT 38 YEARS, RESIDENT OF SOMPUR ROAD, ARABIC COLLEGE POST, BANGALORE – 560 045. ... APPELLANT
(BY SRI H.B. SOMAPUR AND SRI R. LAKSHMAN, ADVOCATES)
AND:
Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA
(BY SRI P.B. RAJU, ADVOCATE FOR R-1; V/O. DATED 29/09/2022 NOTICE TO LR’s OF DECEASED R-2 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 30(1) OF W.C. ACT AGAINST THE JUDGMENT DATED 27.02.2013 PASSED IN CWC/B3/NFC/CR-80/2003 ON THE FILE OF THE LABOUR OFFICER AND
NC: 2024:KHC:48298 MFA No. 7442 of 2015
COMMISSIONER FOR WORKMEN COMPENSATION, SUB DIVISION-3, KARMIKA BHAVAN, BANNERGHATTA ROAD, BENGALURU, DISMISSING THE CLAIM PETITION FOR COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
ORAL JUDGMENT
and perused the records.
It is the case of the claimant that the claimant was
working as a driver in lorry bearing No.MYK-9997 under the employment of respondent No.2 and on instruction
from respondent No.2, the claimant being the employee on 25.08.2003 at about 10.30 p.m., the claimant was driving the lorry bearing No.MYK-9997 from Bengaluru to Chikkaballapura Road and when he reached near Doddajala Railway Gate, at that time, the driver of the lorry bearing No.KA-05-C-3355 had dashed the claimant's lorry due to which the claimant has sustained injuries. Therefore, by contending that the claimant has sustained injuries out and in course of employment, has filed claim petition under the Employees' Compensation Act, 1923 and the learned Commissioner has dismissed the claim petition on the reason that the accident was caused due to rash and negligent driving of the claimant himself. Therefore, no compensation would be awarded. Being aggrieved by the same, the claimant has preferred the present appeal.
Commissioner while dismissing this claim petition is not correct for the reason that whether it is because of the
rash and negligent driving of the claimant or by rash and negligent driving of the driver of the lorry bearing No.KA05-C-3355 is immaterial. But when the claimant filed claim petition under Employees' Compensation, the factor to be determined that whether the claimant has sustained injuries or not out of and in the course of employment.
appeared to be considered while considering the claim petition filed under the Employees' Compensation Act. Therefore, upon evidence produced by the claimant such as First Information Report, statement given by Sri. T. Kannan, spot mahazar and medical records which were got marked as Exs.P1 to P4, proves that the claimant has suffered injuries out of and in course of employment. Therefore, the claimant is entitled for compensation. In this regard, the learned Commissioner has committed error in dismissing the claim petition. As such, the claim petition is liable to be allowed by determining the compensation. Accordingly, it is determined as follows:
relevant factor is 209.92. Therefore, loss of earning capacity due to disability is assessed and quantified at :-
Rs.4,000 x 60/100 x 209.92 x 31/100 = Rs.1,56,180/.
Thus, the claimant is entitled to a compensation of Rs.1,56,180/- .
REGARDING LIABILITY:
ORDER
i. The appeal is allowed ;
ii. The judgment and award dated 27.02.2013
passed in CWC/BEM-3/NFC/CR-80/2003 by the Labour
Officer and Labour Commissioner, Bengaluru, is modified and the appellant/claimant is entitled to
compensation of Rs.1,56,180/- (Rupees One lakh
fifty six thousand one hundred and eighty only)
along with interest at 12% per annum from the date
of petition till the date of realization.
iii. Both respondents 1 and 2 are jointly and severally liable to pay the compensation.
iv. The compensation amount does not carry interest for the delay period of 885 days.
with copy of this order to the Tribunal forthwith.
vi. No order as to costs.
vii. Draw award accordingly.
SD/(HANCHATE SANJEEVKUMAR) JUDGE
SSD
List No.: 1 Sl No.: 15
3 issues framed by the court
Whether the claimant is entitled to compensation for injuries sustained during the course of employment despite the Commissioner's finding of rash and negligent driving.
Whether the negligence of the claimant drives from an accident determines matter for exclusion compensation under Employees' Compensation Act.
What is the quantum of compensation and liability of respondents joint severally based insurance policy accident.
2 provisions across 2 enactments
Sri Mohammed Shakeer S/o. R. Abdul Kghani
M/s. Oriental Insurance Co. Ltd.
Sri Ayub, Major
Hanchate Sanjeevkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
