H K Ganesh @ Ganeshgowda Vs Annappa — Karnataka HC (2025) — LawSathi Research

H K Ganesh @ Ganeshgowda Vs Annappa — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal allowed in part: additional compensation of Rs.1,52,633/- with interest at 12% per annum from the date of the accident till its realization, in addition to the award of the Competent Authority; respondent Insurance Company directed to deposit the enhanced compensation within one month of the order; judgment and award modified to this extent

Issue for consideration

Whether the Competent Authority erred in assessing the workman's disability at 20% when P.W.-2 doctor assessed 15% disability to the left hand and 18% to the right leg, entailing enhancement of compensation +1 more

Court's answer

The Competent Authority erred in taking disability at 20% without any basis; on the evidence of P.W.-2 doctor (15% disability to the left hand and 18% to the right leg, totalling 33%), the Court assesses the workman-appellant's disability at 33%

Ratio / Principle

Loss of earning capacity recomputed as 10,000 x 33% x 117.41 = Rs.3,87,453/-, as opposed to Rs.2,34,820/- taken by the Competent Authority

Key takeaways

The award of Rs.10,000/- towards medical expenses is upheld and calls for no interference, the claim of spending Rs.25,000/- being unsubstantiated by medical recordsratio¶37
Total compensation fixed at Rs.3,97,453/- as against Rs.2,44,820/- awarded by the Competent Authority; appellant entitled to enhanced compensation of Rs.1,52,633/- with interest at 12% per annum from date of accident till actual realisationratio¶38

Detailed headnote1 paragraphs

Workmen's Compensation - Enhancement - Miscellaneous First Appeal (WC) under S.30(1) [statute printed as 'Employment Compensation Act'] against judgment and award dated 20.01.2016 in ECA No.15/14 (Senior Civil Judge, Channarayapatna) awarding Rs.2,44,820/- with 12% interest - Driver injured in accident of 18.9.2011 - P.W.2 doctor assessed disability at 15% to the left hand and 18% to the right leg (total 33%), whereas the Competent Authority took disability at 20% 'without any basis' - Court reassesses disability at 33% and recomputes loss of earning capacity at 10,000 x 33% x 117.41 = Rs.3,87,453/- - Total compensation raised to Rs.3,97,453/-; enhanced compensation of Rs.1,52,633/- payable with interest at 12% per annum from date of accident till realisation - Award of Rs.10,000/- towards medical expenses upheld, claim of Rs.25,000/- being unsupported by medical records - Insurance Company directed to deposit enhanced compensation within one month - Appeal allowed in part; judgment and award modified to that extent.

NC: 2025:KHC:37523 MFA No. 2124 of 2016

1 -

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.2124/2016(WC)

BETWEEN:

H K GANESH @ GANESHGOWDA S/O KEMPEGOWDA, 52 YEARS, R/AT CHIKKONAHALLI VILLAGE, NUGGEHALLI HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT.

…APPELLANT

(BY SRI. NARENDRA GOWDA.,ADVOCATE)

AND:

Digitally signed by PADMASHREE SHEKHAR DESAI

Location: High Court Of Karnatka

ANNAPPA, S/O MALLEGOWDA R/AT KURUBARAHALLI VILLAGE, MOSALEHOSAHALLI POST, SHANTHIGRAMA HOBLI, HASSAN TALUK.

THE NEW INDIA ASSURANCE CO LTD HASSAN BRANCH, CHANDAN COMPLEX HARSHAMAHAL ROAD, HASSAN - 573 201.

…RESPONDENTS

(BY SRI M.P. SRIKANTH, ADVOCATE FOR R2, R-1 SERVED)

MFA FILED U/S.30(1) OF THE EMPLOYMENT COMPENSATION ACT, AGAINST THE JUDGMENT AND AWARD DATED 20.01.2016 PASSED ON ECA NO.15/14 ON THE FILE OF THE SENIOR CIVIL JUDGE, CHANNARAYAPATNA, PARTLY ALLOWING THE PETITION FILED U/S.3&5 OF THE WORKMEN'S COMPENSATION ACT.

2 -

NC: 2025:KHC:37523 MFA No. 2124 of 2016

HC-KAR

THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

ORAL JUDGMENT

This appeal is preferred against the award of the Competent Authority in ECA No.15/2014 dated 20.01.2016. Injured workman filed claim application before the concerned authority claiming compensation of Rs.10,00,000/with interest.

The Competent Authority considering the entire evidence on record granted compensation amount of Rs.2,44,820/- with interest at the rate of 12% per annum from date of accident till date of realization. Aggrieved by the said order this appeal is preferred.

Learned counsel for the appellant contended that appellant examined PW-2 doctor who assessed disability of 15% to the left hand and 18% to the right leg and also stated

3 -

NC: 2025:KHC:37523 MFA No. 2124 of 2016

HC-KAR

that there is 50% of loss of earnings. But the Competent Authority has taken disability at 20% without any basis and thus he requested for enhancement of compensation.

It is stated that Ganesha was a driver and he met with an accident on 18.9.2011 and sustained injuries. As per the evidence of PW 2 and other relevant medical documents the disability was assessed at 15% to the left hand and 18% to the right leg therefore, this Court finds that the total disability comes to 33% but the Competent authority erred in taking disability at 20% without any basis therefore, this Court finds it reasonable to assess the disability of the workman-appellant at 33% as per the evidence of P.W.2-Doctor. Hence, the loss of earning capacity comes to 10,000 X 33% X 117.41=Rs.3,87,453/- towards loss of earning capacity as opposed to Rs.2,34,820/-.

The appellant-workman was hospitalised for a period of four days and he was treated in the Government Hospital. Though he has stated that he has spent Rs.25,000/towards medical expenses, but he has not produced any medical records to substantiate the same. Hence, the

4 - NC: 2025:KHC:37523 MFA No. 2124 of 2016

HC-KAR

Competent Authority has rightly awarded a sum of Rs.10,000/towards medical expenses and same does not warrant any interference.

Therefore, the appellant is awarded a total compensation of Rs.3,97,453/- as opposed to the compensation awarded by the Competent Authority at Rs.2,44,820/-. The appellant is entitled for an enhanced compensation of Rs.1,52,633/-, along with interest at 12% per annum from the date of accident till its actual realization.

Accordingly, I pass the following:

ORDER

i. The appeal is allowed in part .

ii. The appellant – Workman is entitled for an additional compensation of Rs.1,52,633/-, along with interest at 12% per annum from the date of the accident till its realization in addition to what has been awarded by the Competent Authority.

iii. The respondent - Insurance Company is directed to deposit enhanced compensation within a period of one month from this order.

5 -

NC: 2025:KHC:37523 MFA No. 2124 of 2016

HC-KAR

To this extent, the judgment and award stands modified.

Draw the award accordingly.

Sd/(P SREE SUDHA) JUDGE

HR

List No.: 1 Sl No.: 49