- 1 - HC-KAR NC: 2025:KHC-D:8854 MFA No. 102078 of 2018 C/W MFA No. 101526 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 102078 OF 2018 (WC) C/W MISCELLANEOUS FIRST APPEAL NO. 101526 OF 2018 IN MFA NO. 102078 OF 2018: BETWEEN: THE MANAGER, BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED, 2ND FLOOR, SEETHARAMAPPA, OPP. COSMOPOLITAN CLUB, DOUBLE ROAD, BALLARI NOW REPRESENTED BY ITS AUTHORIZED SIGNATORY. … APPELLANT (BY SRI. S.K. KAYAKAMATH, ADVOCATE) AND: 1. SMT. DEVEERAMMA W/O LATE HANUMESH, AGE ABOUT 32 YEARS, OCC: HOUSE WIFE, R/O: KARCHEDU VILLAGE, TQ: BALLARI-583 101. 2. JYOTHI D/O LATE HANUMESH AGE ABOUT 14 YEARS, OCC: STUDENT, R/O: KARCHEDU VILLAGE, TQ: BALLARI-583 101. (SINCE MINOR REPRESENTED BY THEIR MOTHER DEVEERAMMA) 3. SHANTHI D/O LATE HANUMESH, AGE ABOUT 13 YEARS, OCC: STUDENT, R/O: KARCHEDU VILLAGE, TQ: BALLARI-583 101. (SINCE MINOR REPRESENTED BY THEIR MOTHER DEVEERAMMA) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:8854 MFA No. 102078 of 2018 C/W MFA No. 101526 of 2018 4. SMT. KALLAMMA W/O LATE ISHWARAPPA, AGE ABOUT 64 YEARS, OCC: STUDENT, R/O: KARCHEDU VILLAGE, BALLARI-583 101. 5. SRI. VENKATNAIDU S/O M. SREERAMULU, AGE: 48 YEARS, OCC: BUSINESS, R/O: TANK ROAD, FORT, TQ: AND DIST: BALLARI-583 101. … RESPONDENTS (BY SRI. M. AMAREGOUDA, ADVOCATE FOR R1 TO R4; R5-DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 30(1) OF THE EMPLOYEES COMPENSATION ACT, 1923, PRAYING TO SET ASIDE THE JUDGMENT DATED 13.03.2018 PASSED IN ECA NO.10/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, BALLARI. IN MFA NO. 101526 OF 2018: BETWEEN: 1. SMT. DEVEERAMMA W/O LATE HANUMESH, AGED ABOUT 32 YEARS, OCC: HOUSE WIFE, 2. MINOR JYOTHI D/O LATE HANUMESH, AGED ABOUT 14 YEARS, 3. MINOR SHANTHI D/O LATE HANUMESH, AGED ABOUT 13 YEARS, SINCE APPELLANT NO.2 AND 3 ARE MINOR REPRESENTED BY THEIR MOTHER DEVEERAMMA, 4. SMT. KALLAMMA W/O LATE ESHWARAPPA AGED ABOUT 64 YEARS, ALL ARE RESIDING AT KARCHEDU VILLAGE, TQ: BALLARI. … APPELLANTS (BY SRI. M. AMAREGOUDA, ADVOCATE) AND: 1. SRI. VENKATA NAIDU S/O M. SREERAMULU, AGED ABOUT 48 YEARS, OWNER OF LORRY NO.KA.34/5218, - 3 - HC-KAR NC: 2025:KHC-D:8854 MFA No. 102078 of 2018 C/W MFA No. 101526 of 2018 R/O: TANK ROAD, FORT, BALLARI. 2. THE MANAGER, M/S. BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED, 2ND FLOOR, SEETHARAMAPPA, OPP. COSMOPOLITIAN CLUB, DOUBLE ROAD, BALLARI. … RESPONDENTS (BY SRI. S.K. KAYAKAMATH, ADVOCATE FOR R2; R1-DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 30(1) OF THE EMPLOYEES COMPENSATION ACT, 1923, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED: 13.03.2018, PASSED IN ECA NO.10/2014, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, BALLARI, AND ENHANCE THE COMPENSATION BY RS.11,500/-, IN THE INTEREST OF JUSTICE AND EQUITY. THESE APPEALS ARE COMING ON FOR ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) MFA No.103147/2018 is filed by the insurance company under Section 30(1) of the Workmen’s Compensation Act, 1923 (for short, ‘Act, 1923’) and MFA No.101526/2018 is filed by the claimants seeking for enhancement of compensation as well as to award rate of interest by challenging the judgment and award dated 13.03.2018 passed in ECA No.10/2014 on the file of Principal Senior Civil Judge, Ballari (for short, - 4 - HC-KAR NC: 2025:KHC-D:8854 MFA No. 102078 of 2018 C/W MFA No. 101526 of 2018 ‘Commissioner’), the learned Commissioner has awarded a compensation of Rs.7,88,500/- along with interest at 12% p.a. 2. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the learned Commissioner. 3. MFA No.102078/2018 is filed by the insurance company mainly on the ground that there is no relationship of the employee and employer between the deceased and respondent No.1-employer. 4. It is the case of the claimants that on 04.07.2008 at mid night, on the direction of respondent No.1-employer, the deceased Sri. Hanumesh was on duty as driver in the lorry No.KA-34/5218 and during course of the work, the deceased died due to heart attack. Therefore, the learned Commissioner considered the death of deceased is out of and in the course of employment and accordingly, awarded. - 5 - HC-KAR NC: 2025:KHC-D:8854 MFA No. 102078 of 2018 C/W MFA No. 101526 of 2018 5. The grounds urged and submission of learned counsel for respondent/insurance company is that the death is due to the heart attack. Hence, it is not related to employment. The claimants have filed appeal seeking for enhancement as well as with regard to rate of interest. 6. From the evidence on record, it is proved with the chargesheet-Ex.P1 and P.M report-Ex.P2 that, the deceased died due to heart attack. It is the case of the claimants that on 04.07.2008, the respondent No.1- employer had called upon the deceased to go on duty as a driver in lorry No.KA-34/5218 and while he was in the work, the deceased suffered heart attack and died. Therefore, the death of deceased is proved to be out of and in the course of employment. 7. In the P.M. report, it is stated that the cause of death is due to Cardiac failure. When this being the fact that the deceased while was on the work, died due to heart attack, it is proved that the death of deceased is out - 6 - HC-KAR NC: 2025:KHC-D:8854 MFA No. 102078 of 2018 C/W MFA No. 101526 of 2018 of and in the course of employment. Therefore, this issue is squarely covered by the judgment of this Court in the case of ORIENTAL INSURANCE COMPANY LTD., VS. KAVITA W/O PRAKASH1. Therefore, there is no merit found in the appeal filed by the insurance company. 8. The death is on 04.07.2008, the monthly wage is to be taken as Rs.4,000/- per month but the Commissioner has committed error by taking wage of the deceased at Rs.8,000/- per month. Therefore, to this extent, the appeal filed by the insurance company is liable to be allowed in part. 9. There is no dispute with regard to age of the claimant i.e., 35 years as on the date of accident. The relevant factor that is applicable to the age of the deceased is 197.06. Thus, the claimant would be entitled for compensation as under: Rs.3,94,120/- (Rs.4,000 x 50/100 x 197.06). 1 MFA No.22499/2011 dated 25.09.2023 - 7 - HC-KAR NC: 2025:KHC-D:8854 MFA No. 102078 of 2018 C/W MFA No. 101526 of 2018 10. The Tribunal committed error while awarding interest from the date of due, he is not correct. The interest shall be at 12% after 30 days from the date of accident till realization. With this extent, both the appeals are liable to be allowed in part. Hence, allowed in part. 11. In the result, I proceed to pass the following: ORDER i) The appeals are allowed in part. ii) The judgment and award dated 13.03.2018 passed in ECA No.10/2014 on the file of Principal Senior Civil Judge, Ballari, is modified. iii) The appellants/claimants in MFA No.101526/2018 would be entitled for total compensation Rs.3,94,120/- along with interest at the rate of 12% per annum with effect from one month from the date of award - 8 - HC-KAR NC: 2025:KHC-D:8854 MFA No. 102078 of 2018 C/W MFA No. 101526 of 2018 as against Rs.7,88,500/- awarded by the Commissioner. iv) The Insurance Company shall deposit the entire compensation amount with accrued interest before the Commissioner within six weeks from the date of receipt of certified copy of this judgment. v) The apportionment, deposit and disbursement shall be made as per award of the Commissioner. vi) The amount in deposit be transmitted to the Commissioner for Workmen’s Compensation along with TCR forthwith. vii) Draw award accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RKM CT:BCK LIST NO.: 1 SL NO.: 52