- 1 - NC: 2025:KHC-K:1834 MFA No. 203192 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI MISCL. FIRST APPEAL NO.203192 OF 2023 (ECA) BETWEEN: 1. FATIMA TANVEER W/O LATE MD. SAJID, AGED ABOUT 41 YEARS, OCC: HOUSEHOLD, 2. IRFAN S/O LATE MD. SAJEED, AGED ABOUT 24 YEARS, OCC: LABOUR, 3. MOHAMMED REHAN S/O LATE MD. SAJID, AGED ABOUT 23 YEARS, OCC: LABOUR, 4. RUQYYA BEGUM D/O LATE MD. SAJID, AGED ABOUT 20 YEARS, OCC: HOUSEHOLD, 5. MOHAMMED RIZWAN S/O LATE MD. SAJID, AGED ABOUT 15 YEARS, OCC: STUDENT, MINOR, UNDER GUARDIAN, REPRESENTED THROUGH HIS MOTHER, BY NAME FATIMA TANVEER/APPELLANT NO.1. 6. NAJAMANNISA BEGUM W/O LATE ABDUL AJIJ @ AB AJIM, AGED ABOUT 66 YEARS, OCC: HOUSEHOLD, ALL ARE RESIDENT OF H.NO.5-1-108 (OLD), 5-1-123 (NEW), AHMED BAG, GOLE KHANA BIDAR-585 401. …APPELLANTS (BY SMT. VEERANI V. NANDI, ADVOCATE) Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1834 MFA No. 203192 of 2023 AND: 1. PRAKASH S/O DAMODAR KULKARNI, AGE: 78 YEARS, OCC: RETIRED SERVICE MAN AND AGRICULTURE, R/O H.NO.8-11-315/1, KEB BANK COLONY BIDAR, DIST. BIDAR-585 101. 2. MANAGER ICICI LOMBARD, GENERAL INSURANCE COMPANY LTD., H.NO.414, VEER SAVERKAR MARG, NEAR SIDDHIVINAYAK TEMPLE, PRABHA DEVI MUMBAI-400 025, REPRESENTED THROUGH ITS AUTHORIZED, NATIONAL HEAD- OPERATIONS AND SYSTEMS, THROUGH ITS BRANCH OFFICE, ASIAN MAL 3RD FLOOR, INFRONT OF GESCOM OFFICE, STATION ROAD, KALABURAGI-585 101. …RESPONDENTS (BY SRI. MANJUNATH MALLAYYA SHETTY, ADV. FOR R2; V/O DTD. 11.02.2025, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 30(1) OF THE EMPLOYEE’S COMPENSATION ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 29.07.2022 IN ECA NO. 15/2019 ON THE FILE OF SENIOR CIVIL JUDGE AND CJM AND COMMISSIONER FOR EMPLOYEE’S COMPENSATION AT BIDAR, AND CONSEQUENTLY ALLOW THE PRESENT APPEAL THEREBY AWARDING COMPENSATION RS.6,95,080/- AS CLAIMED IN THE PRESENT APPEAL. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC-K:1834 MFA No. 203192 of 2023 CORAM: HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE C M JOSHI) None appears for the appellants. Heard learned counsel for respondent No.2-Insurance Company. On perusal of the records, the learned Prl. Senior Civil Judge & CJM, & Commissioner for Workmen’s Compensation, Bidar (for short, ‘the Commissioner’) in the absence of any proof of wages that was received by the deceased, considered the notification issued by the Government of India under Section 4(1B) of the Employee’s Compensation Act, and proceeded to determine the compensation. The petitioners are disputing the same on the ground that the notification of the Government of India was in the - 4 - NC: 2025:KHC-K:1834 MFA No. 203192 of 2023 year 2010 and the accident had taken place in the year 2018. It is relevant to note that the after the notification dated 31.05.2010, the next notification by the Government of India is dated 03.01.2020 where the wages are fixed at Rs.15,000/- per month. In the absence of any other evidence on behalf of the employer i.e. respondent No.1, the Commissioner has determined the compensation in the light of the notification of the year 2010 at Rs.8,000/- per month. Hence, no fault can be found with the impugned judgment. No substantial question law arises for consideration. Consequently, the appeal is dismissed. Sd/- (C M JOSHI) SDU LIST NO.: 1 SL NO.: 56 CT: AK