- 1 - NC: 2025:KHC:18026 MFA No. 4718 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 4718 OF 2020 (ECA) BETWEEN: THE ORIENTAL INSURANCE COMPANY LTD., OD CLAIMS SERVICE CENTRE LEO SHOPPING COMPLEX, 4TH FLOOR 44/45 RESIDENCY ROAD, BENGALURU-560 001 …APPELLANT (BY SRI. A.RAVISHANKAR, ADVOCATE) AND: 1. SRI K.V.CHANDRASHEKAR AGED ABOUT 27 YEARS, S/O LATE VENKATASWAMY R/AT NO.159, KONDLINGANAHALLI CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT-572 127 2. SRI. MALLIKARJUNA NAIDU M/S USHODAYA SALES CORPORATION R/AT NO.2455, 9TH MAIN 17TH E CROSS, BSK 2ND STAGE BANGALORE-560 070 …RESPONDENTS (BY SRI. SEENAPPA K., ADVOCATE FOR R1 R2- SERVED) THIS MFA FILED U/S 30(1) OF EMPLOYEES COMPENSATION ACT, AGAINST THE JUDGMENT AND AWARD DATED 09.07.2020 PASSED IN ECA.NO.3/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, CHINTHAMANI, AWARDING COMPENSATION OF RS. 13,27,200/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18026 MFA No. 4718 of 2020 THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in E.C.A.No.3/2016 dated 09.07.2020 by the Senior Civil Judge & JMFC, Chintamani, the Insurance company is before this court. 2. The claim petition is filed seeking compensation of an amount of Rs.8,00,000/- under Workmen Compensation Act, 1923. It is the case of the claimant that he was appointed as driver by the 2nd respondent, on 01.03.2013 and when he was driving the vehicle from Bangalore to Punganur, Chittoor District, due to heavy loading goods, the vehicle capsized and skidded and fell upside down. The trial court had awarded the compensation as per the table given below: Sl. No. Heads Compensation Awarded 1 Pain and sufferings Rs. 20,000/- 2 Attendant Charges, extra nutritious, food conveyance charges Rs. 20,000/- 3 Medical Expenses Rs. 4,80,000/- 4 Loss of Income due to disability Rs. 7,77,600/- 5 Loss of future amenities Rs. 20,000/- - 3 - NC: 2025:KHC:18026 MFA No. 4718 of 2020 and happiness 6 Future Medical Expenses and other expenses Rs. ------- TOTAL Rs. 13,27,000/- 3. Learned counsel for the insurance company submits that the trial court had taken income at Rs.12,000/- and as per the Notification the income is Rs.8,000/- and the trial court has granted compensation as per the MV Act instead of Workmen Compensation Act. 4. Having heard the learned counsel on either side perused the entire material available on record. The Tribunal has granted compensation of an amount of Rs.13,27,200/-. As rightly submitted by the learned counsel for the Insurance Company, the calculation is made as if it is compensation under the Motor Vehicle Act but not under the Workmen Compensation Act. Hence, this court is calculating the same as per the Workmen Compensation Act. This accident had taken place in the year 2013 and as per the notification, the minimum wages has to be taken at Rs.8,000/- and 60% of it comes to Rs.4,800/-. As he is aged about 22 years, the relevant factor would be 221.37 and the disability is 80%. Hence, Rs.4,800/- - 4 - NC: 2025:KHC:18026 MFA No. 4718 of 2020 x 221.37 x 80/100 is Rs.8,50,060/- and medical expenses are Rs.4,80,000/-. The total amount comes to Rs.13,30,060/-. The trial court has awarded Rs.13,27,200/-. Hence, even if it is calculated as per the Workmen Compensation Act also there are no grounds to interfere. i. Accordingly the appeal filed by the Insurance Company is dismissed. ii. The amount in deposit shall be forthwith transferred to the tribunal. iii. The Registry is directed to return the Trial Court Record to the Tribunal along with the certified copy of the order passed by this Court forthwith without any delay. iv. No costs. v. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 7