- 1 - NC: 2025:KHC:17407 MFA No. 1623 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 1623 OF 2021 (ECA) BETWEEN: THE MANAGER, SHRIRAM GIC LTD., E-8, EPIP, RIICO, SITAPURA, JAILPUR, RAJASTHAN - 302 022. NOW REP BY SHRIRAM GIC. LTD, NO.5/4, 3RD FLOOR, S V ARCADE, BELEKAHALLI MAIN ROAD, OFF. B G ROAD, LIMB POST, BENGALURU - 560 076. …APPELLANT (BY SRI. PRADEEP B., ADVOCATE) AND: 1. GOWRAMMA W/O. LATE. N MURTHY, AGED ABOUT 52 YEARS, 2. DEEPAK M S/O. LATE N. MURTHY, AGED ABOUT 32 YEARS, 3. DILIP M S/O. LATE N. MURTHY, R/O. NO.4699/1, 2ND CROSS, SHIVAJI ROAD, N. R. MOHALLA, MYSURU. 4. CHIKKA SIDDU S/O. N. T. PUTTASWAMY, AGED ABOUT 52 YEARS R/AT NO.53, 2ND CROSS, J.C. NAGAR, MYSURU. …RESPONDENTS Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17407 MFA No. 1623 of 2021 (BY SRI. M. PRABHAKAR, ADVOCATE FOR R1 TO R3(ABSENT) VIDE ORDER DATED:17.4.25 NOTICE TO R4 IS DISPENSED WITH) THIS MFA IS FILED U/S.30(1) OF EMPLOYEES COMPENSATION ACT, AGAINST THE JUDGMENT AND AWARD DT.12.08.2020 PASSED IN ECA NO.19/2016 ON THE FILE OF THE COMMISSIONER FOR EMPLOYEE COMPENSATION AND I ADDITIONAL SENIOR CIVIL JUDGE, MYSURU, AWARDING COMPENSATION OF RS.8,68,275/- WITH INTEREST AT 12 PERCENT P.A. FROM THE DATE OF THE ACCIDENT TILL THE DATE OF REALIZATION. THIS APPEAL, COMING ON FOR PART HEARD, 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.19/2016 dated 12.08.2020 by the Commissioner for Employees Compensation and I Addl. Senior Civil Judge, Mysuru, the Insurance Company is before this Court questioning the quantum of the compensation. 2. It is the case of the claimants that on 17.10.2013 at 1.15 pm., on Sakleshpura-Mangalore road in Shiradi Ghat, while the deceased was driving the Maxi Cab towards Mangalore, he lost control over the vehicle and met with an accident. Due to the accident, the deceased died at the spot. The Court taking the income of the deceased at an amount of - 3 - NC: 2025:KHC:17407 MFA No. 1623 of 2021 Rs.500/- per day and granted the compensation of an amount of Rs.8,68,275/-. 3. Learned counsel appearing for the appellant/ Insurance Company submits that as per the notification issued by the Government, the minimum wages for the year 2013 is Rs.8,000/-, the Court had taken the income of the deceased at an amount of Rs.15,000/- per month. It is submitted that when there is no other evidence to show the income of the deceased, the Court has to consider the minimum wages as per the notification. It is further submitted that the compensation that is awarded by the Court is on the higher side. 4. This matter came up on 17.04.2025 and on that day, this Court heard the learned counsel for the appellant and there was no representation on behalf of the respondents. Hence, the matter was directed to be listed as “part heard” today. Today also there is no representation on behalf of the respondents. 5. Having heard the learned counsel for the appellant, perused the material on record. The Court without any basis had taken the income of the deceased at an amount of - 4 - NC: 2025:KHC:17407 MFA No. 1623 of 2021 Rs.15,000/- per month. As rightly contended by the learned counsel for the insurance company that when there is no evidence on record, the amount has to be taken as per the notification and as on the day the accident had occurred, the minimum wages is Rs.8,000/- per month and the factor is 113.77, the 50% of 113.77 comes to 56.885, an amount of Rs.4,55,080/-(8000X113.77X50/100) is granted towards compensation. Towards funeral expenses this Court is granting an amount of Rs.5,000/-. 6. The claimants are therefore, entitled to the compensation under the following heads: Heads Compensation Awarded by Trial Court Compensation Awarded by this Court 1. Compensation : Rs. 8,53,275/- 4,55,080/- 2. Funeral expenses : Rs. 15,000/- 5,000/- TOTAL : Rs. 8,68,275/- 4,60,080/- Reduction : Rs.4,08,195/- 7. Altogether, the claimants are entitled for compensation of an amount of Rs.4,60,080/-. - 5 - NC: 2025:KHC:17407 MFA No. 1623 of 2021 8. Accordingly, the appeal filed by the Insurance Company is partly allowed by reducing the compensation from an amount of Rs.8,68,275/- to Rs.4,60,080/-. i. The * amount shall carry interest at *12% per annum from the date of *accident till its realization. ii. The amount in deposit shall be forthwith transferred to the Trial Court. iii. If any excess amount is deposited, the Insurance Company is at liberty to withdraw the same. iv. The apportionment of the amount shall be as per the order passed by the Court. v. Respondent-Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. vi. No costs. vii. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN/List No.: 2 Sl No.: 4/CT:SK *Deleted and corrected vide court order dated: 04.06.2025.