- 1 - NC: 2025:KHC:16462 MFA No. 1593 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 1593 OF 2022 (ECA) BETWEEN: 1. SMT. NEELAMMA W/O MUSTURAPPA, AGED ABOUT 57 YEARS, HOUSE WIFE, 2. MUSTURAPPA S/O S.BASANNA, AGED ABOUT 74 YEARS 3. KUMARI RANJITHA D/O MUSTURAPPA, AGED ABOUT 23 YEARS 4. KUMARI M.JAYASHEELA D/O MUSTURAPPA, AGED ABOUT 23 YEARS ALL ARE R/O 4TH CROSS, BHARATH COLONY, DAVANAGERE CITY-577 002 PERMANENT R/O MULLURAHATTI VILLAGE, GOWDAGERE POST, CHITRADURGA TALUK AND DISTRICT-577001 …APPELLANTS (BY SRI. SREE HARSHA A.K., ADVOCATE) AND: 1. SRIRAM GEN INS. CO. LTD., REP. BY ITS BRANCH MANAGER, NO.85/2, 1ST FLOOR, AMS COMPLEX, OPP. NANDI PETROL BUNK, P.B. ROAD, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16462 MFA No. 1593 of 2022 DAVANAGERE CITY-577 002 2. S.B.SHIVAMURTHY S/O M.S.BASAVARAJ, AGED ABOUT 47 YEARS, R/O BEHIND OM TAILOR, NITTUVALLI, DAVANAGERE CITY-577 002 AND R/O 4TH CROSS, BHARATH COLONY DAVANAGERE CITY-577 002 …RESPONDENTS (BY SRI.A.N.KRISHNA SWAMY, ADVOCATE FOR R1 V/O/D 30.07.2024- NOTICE TO R2 IS D/W) THIS MFA IS FILED U/S 30(1) OF EMPLOYEE COMPENSATION ACT AGAINST THE JUDGMENT AND AWARD DATED 13.08.2019 PASSED IN ECA NO.5/2019 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND MEMBER, MACT-IV, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in ECA.No.5/2019 dated 13.08.2019 by the Principal Senior Civil Judge and Member, MACT-IV, Davanagere, the appellants/claimants are before this Court seeking enhancement of the compensation. 2. It is the case of the claimant that on 29.09.2018 at about 4.00 am., the deceased was engaged as a driver in Swaraj Mazda Goods vehicle and as per the direction of - 3 - NC: 2025:KHC:16462 MFA No. 1593 of 2022 respondent No.1 he was proceeding in the said vehicle from Hagaribommanahalli to Thiptur, at that time, the said vehicle was passing through Jagalur-Kottur road near Anjaneya temple, Kenchanahalli village, Jagalur Taluk, the deceased drove the said vehicle with traffic rules and regulations in limited speed, the said vehicle suddenly lost control and dashed against the right side tamarind tree. Due to the impact of the said accident, the deceased sustained fatal injuries all over the body and died at the spot. The Tribunal had considered the income of the deceased at an amount of Rs.8,000/- per month and granted the compensation of an amount of Rs.8,90,480/- along with interest @ 12% per annum from 29.10.2018 till its realization. 3. Learned counsel appearing for the appellants/ claimants submits that the accident had occurred in the year 2018 and the Tribunal had taken the income of the deceased at an amount of Rs.8,000/-, the income should have been taken at an amount of Rs.15,000/- per month as claimed by the claimants. It is further submitted that the compensation awarded by the Tribunal is not just and reasonable and needs to be enhanced. - 4 - NC: 2025:KHC:16462 MFA No. 1593 of 2022 4. Learned counsel appearing for respondent No.1/ Insurance Company submits that basing on the notification the minimum wages are rightly taken at an amount of Rs.8,000/- per month and granted the compensation and no grounds are made out for enhancement of the compensation. 5. Having heard the learned counsels on either side, perused the material on record. This Court do not find any reasons to accept the contention of the learned counsel for the appellant that the income has to be taken at 15,000/- per month and as per the notification, the Tribunal had rightly taken the income at an amount of Rs.8,000/- per month and granted the compensation. This Court finds no reasons to interfere with the same. 6. Accordingly, the appeal filed by the claimants is dismissed. i. The apportionment of the amount shall be as per the order passed by the Tribunal. ii. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. - 5 - NC: 2025:KHC:16462 MFA No. 1593 of 2022 iii. No costs. iv. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 24