- 1 - HC-KAR NC: 2025:KHC-K:3324 MFA No. 200592 of 2022 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCL. FIRST APPEAL NO.200592 OF 2022 (ECA) BETWEEN: KAMAL PATEL S/O IMAM PATEL, AGE: 32 YEARS, OCC: NIL (PREVIOUSLY DOING AS A WORKMAN) R/O: WADI JUNCTION, TQ: CHITTAPUR, DIST: KALABURAGI. …APPELLANT (BY SRI SANTOSH R. BELAMGI, ADVOCATE) AND: 1. S.S.M.G.ASSOCIATION, SALAMBHAI COMPLEX, ACC MAIN ROAD WADI, TQ: CHITTAPUR, DIST: KALABURAGI – 585 101. 2. THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD., OPP: MINI VIDHAN SOUDHA, MAIN ROAD, KALABURAGI – 585 101. …RESPONDENTS (BY SRI SANJAY M. JOSHI, ADVOCATE FOR R2; R1 IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30(A) OF THE WORKMEN’S COMPENSATION ACT, PRAYING TO ALLOW THE APPEAL, THE JUDGMENT AND AWARD DATED 18.01.2020 PASSED IN ECA NO.6/2015 BY THE SENIOR CIVIL JUDGE AND ADDL. MACT CHITTAPUR, MAY KINDLY BE MODIFIED BY ENHANCING THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION. Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3324 MFA No. 200592 of 2022 THIS MFA, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Challenging judgment and award dated 18.01.2020 passed by Senior Civil Judge and Additional MACT, Chittapur, (for short ‘Commissioner’) in ECA no.6/2015, this appeal is filed. 2. Sri Santosh R.Belamgi, learned counsel submitted, appeal was by claimant for enhancement of compensation on solitary ground that award of interest at 6% per annum by Commissioner was contrary to law and ratio laid down by Hon’ble Supreme Court in case of Shobha and others v. Chairman, Vithalrao Shinde Sahakari Sakhar Karkhana Limited and others1, wherein it is held, interest in case of award under Employees’ Compensation Act, shall be at 12% from date of incident. It was therefore submitted, substantial question of law about award of interest being contrary to decision in Shobha’s case (supra), would arise for consideration. 1 (2022)13 SCC 172 - 3 - HC-KAR NC: 2025:KHC-K:3324 MFA No. 200592 of 2022 3. Sri Sanjay M.Joshi, learned counsel for insurer opposed appeal. 4. Heard learned counsel and perused impugned judgment and award. 5. With consent of learned counsel on both sides, matter was taken up for final disposal to consider following substantial question of law: “Whether award of interest at 6% per annum by Commissioner without assigning any specific reasons was contrary to law and calls for interference?” 6. This appeal is by claimant questioning award of interest at 6% per annum instead of 12% as required under Section 4-A(3)(a) of Employees Compensation Act. In view of authoritative decision of Hon’ble Supreme Court in Shobha’s case (supra), issue about rate of interest to be awarded as well as date from which same would be payable would stand covered. It is held interest of 12% per annum would require to be paid from date of incident. Substantial question of law is answered in affirmative. Consequently, following: - 4 - HC-KAR NC: 2025:KHC-K:3324 MFA No. 200592 of 2022 ORDER Appeal is allowed in part. Judgment and award dated 18.01.2020 passed by Senior Civil Judge and Additional MACT at Chittapur, in ECA no.6/2015 is modified. Claimant is entitled for compensation of Rs.2,04,627/- with interest at 12% per annum from date of incident i.e., 12.01.2010 till deposit. Insurer is directed to deposit same within six weeks. Sd/- (RAVI V HOSMANI) JUDGE NB List No.: 1 Sl No.: 64 Ct;Vk