- 1 - NC: 2025:KHC-K:1728 MFA No. 200462 of 2020 C/W MFA.CROB No. 200099 of 2021 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI MISCL. FIRST APPEAL NO.200462 OF 2020 (ECA) C/W MFA CROSS OBJ NO.200099 OF 2021 (ECA) IN MFA NO.200462/2020: BETWEEN: GANESH S/O PEERAPPA BHAGODI, AGE: 41 YEARS, OCC: DRIVER, R/O VISHWANAGAR CHINCHOLI ROAD SEDAM, TQ. SEDAM, DIST. KALABURAGI-585 101. …APPELLANT (BY SRI. BABU H. METAGUDDA, ADVOCATE) AND: 1. RAJU S/O DEVAPPA, AGE: 38 YEARS, OCC: OWNER OF VEHICLE NO. KA-32/N-1280, R/O CHOUDESHWAR COLONY, NEAR MANIKESHWARI TEMPLE, KALABURAGI-585 101. 2. THE MANAGER, UNITED INDIA INSURANCE CO. LTD., JAWALI COMPLEX, SUPER MARKET, KALABURAGI-585 101. 3. MUJAHID S/O HABIB MIYAN, AGE: 44 YEARS, OCC: OWNER OF VEHICLE Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1728 MFA No. 200462 of 2020 C/W MFA.CROB No. 200099 of 2021 NO. AP-16/TW-7327, R/O: CHOTIBES, TULLER GALLI SEDAM, TQ. SEDAM, DIST. KALABURAGI-585 101. 4. THE MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., E-8, EPIP, RIICO INDUSTRIAL AREA, SITAPURA, DIST. JAIPUR, STATE RAJASTHAN-302 022. …RESPONDENTS (BY SRI. MOHD. ABDUL QUAYUM, ADV. FOR R2; V/O DTD. 31.10.2022, NOTICE TO R1, R3 AND R4 ARE DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 30(1) OF THE EMPLOYEE’S EOMPENSATION ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 29.11.2019 PASSED IN E.C.A. NO. 3/2016 BY THE SENIOR CIVIL JUDGE AND COMMISSIONER FOR EMPLOYEE’S COMPENSATION ACT AT SEDAM AND ENHANCING THE COMPENSATION FROM RS.1,70,600/- WITH 12% INTEREST TO RS.14,99,000/- WITH 12% INTEREST. IN MFA CROSS OBJECTION NO.200099/2021: BETWEEN: THE MANAGER, THE UNITED INDIA INSURANCE COMPANY LTD., JAWALI COMPLEX, NOW SHIFTED TO CENTURY COMPLEX, SUPER MARKET, KALABURAGI-585 101, REPRESENTED BY ITS AUTHORIZED SIGNATORY. …CROSS OBJECTOR (BY SRI. MOHD. ABDUL QUAYUM, ADVOCATE) AND: 1. GANESH S/O PEERAPPA BHAGODI, AGE: 42 YEARS, OCC: DRIVER, - 3 - NC: 2025:KHC-K:1728 MFA No. 200462 of 2020 C/W MFA.CROB No. 200099 of 2021 R/O VISHWANAGAR CHINCHOLI ROAD, SEDAM, TQ. SEDAM, DIST. KALABURAGI-585 222. 2. RAJU S/O DEVAPPA, AGE: 38 YEARS, OCC: OWNER OF VEHICLE NO. KA-32/N-1280, R/O CHOUDESHWAR COLONY, NEAR MANIKESHWARI TEMPLE, KALABURAGI-585 101. 3. MUJAHID S/O HABIB MIYAN, AGE: 44 YEARS, OCC: OWNER OF VEHICLE NO. AP-16/TW-7327, R/O: CHOTIBES, TULLER GALLI SEDAM, TQ. SEDAM, DIST. KALABURAGI-585 101. 4. THE MANAGER, THE SHRIRAM GENERAL INSURANCE CO. LTD., E-8, RECO INDUSTRIAL, SITAPURA, JAIPUR, RAJASTHAN-302 022. …RESPONDENTS THIS MFA CROB IS FILED UNDER ORDER 41 RULE 22 OF THE CPC ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 29.11.2019 PASSED IN ECA NO. 3/2016 BY THE SENIOR CIVIL JUDGE AND COMMISSIONER FOR EMPLOYEE’S COMPENSATION AT SEDAM, EXONERATING / REDUCING THE LIABILITY OF THE APPELLANT TO PAY THE COMPENSATION. THESE APPEALS COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C M JOSHI - 4 - NC: 2025:KHC-K:1728 MFA No. 200462 of 2020 C/W MFA.CROB No. 200099 of 2021 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE C M JOSHI) Heard both sides. 2. Learned counsel appearing for the appellants/claimants submits that the claimants have approached this Court in MFA No.200462/2020 seeking enhancement of the compensation. Learned counsel appearing for the Cross Objector submits that he has approached this Court in MFA CROB 200099/2021. assailing the method of calculation adopted by the learned Commissioner. 3. It is worth to note that the judgment in ECA No.3/2016 dated 29.11.2019 by the learned II Additional Senior Civil Judge and Commissioner under EC Act is under challenge before this Court. 4. The petitioner who was working as a driver had suffered injury on 17.06.2016 during the course of the employment and claiming that he was earning Rs.7,000/- per month as salary and there being disability on account of the injuries suffered, approached the learned Commissioner seeking compensation under Section 10 of E.C.Act. The - 5 - NC: 2025:KHC-K:1728 MFA No. 200462 of 2020 C/W MFA.CROB No. 200099 of 2021 learned Commissioner, came to the conclusion that there is a functional disability of 7% and calculated the compensation amount at Rs. 1,70,600/-, which includes the medical expenses of Rs.76,500/-. 5. The learned counsel for the petitioner submits that the future medical expenses which was required to be considered has not been taken into consideration by the learned Commissioner and that the salary is held at Rs.7,000/- per month, which is below the wages fixed by notification under Section 4(1-B) of the Act. Therefore, he seeks enhancement of the compensation stating that the disability assessed is also on the lower side. 6. Per Contra, learned counsel for respondent who is also Cross Objector in Cross Objection No.200099/2021 submits that the method of calculation adopted by the learned Commissioner is incorrect and the one laid down in Section 3 of the Act, has not been followed. 7. After hearing the arguments, both the counsels submit that, after the enhancement that could be permissible under the provisions and the evidence available on record the - 6 - NC: 2025:KHC-K:1728 MFA No. 200462 of 2020 C/W MFA.CROB No. 200099 of 2021 resultant quantum of the compensation would be nothing but the compensation which has been arrived at by the learned Commissioner. In other words, after enhancement as argued by learned counsel for the petitioner, the quantum of compensation after proper calculation would be the same. 8. In view of the above, no substantial question of law arises either in the appeal or in the cross objection. Hence, there being no substantial question of law either in the appeal or in the cross objection, both the cases do not survive. Hence, the following: ORDER The appeal as well as cross objection are dismissed. The amount in deposit, if any, be transmitted to the concerned commissioner forthwith. Sd/- (C M JOSHI) JUDGE tsn* List No.: 1 Sl No.: 23 CT: AK