- 1 - HC-KAR NC: 2025:KHC-D:9282 MFA No. 20669 of 2013 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 20669 OF 2013 (WC) BETWEEN: 1. THE NATIONAL INSURANCE CO. LTD., INDIRA GLASS HOUSE, SUJATHA COMPLEX, HUBBALLI. …APPELLANT (BY SMT. ARUNA R. DESHPANDE, ADV) AND: 1. SHRI. HAMPANNA S/O BORAPPA, AGE: 25 YEARS, OCC: NIL, R/O. HARAKABHAVI, TQ: KUDALGI, DIST: BALLARI (NOW AT RANEBENNUR, DIST. HAVERI). 2. KOTRESH GUDLEPPA KURAVATTI, R/O. CHOUDESHWARI NAGAR, RANEBENNUR. …RESPONDENTS (BY SRI. C.M HOSAMANI, ADV FOR R1 NOTICE TO R2 IS SERVED) THIS MFA IS FILED U/S.30(1) OF WC ACT, 1923, AGAINST THE JUDGMENT AND AWARD DATED 15.11.2012 PASSED IN WC NF NO.151/2011 ON THE FILE OF THE LABOUR OFFICER AND COMMISSIONER FOR WORKMENS COMPENSATION, HAVERI DISTRICT, HAVERI, AWARDING THE COMPENSATION OF RS.1,39,463/- WITH INTEREST AT THE RATE OF 12% P.A. FROM THE DATE OF PETITION TILL ITS DEPOSIT. MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.08.05 15:29:03 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9282 MFA No. 20669 of 2013 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) This miscellaneous first appeal is filed by the Insurance company challenging the award dated 15.11.2012 passed in W.C.(NF) No.151/2011 by the Labour Officer and Commissioner for Workmen’s Compensation, Haveri (hereinafter referred to as ‘the Commissioner’, for short). 2. This appeal is filed by the appellant on the ground that the disability of the limb sustained by the claimant would not exceed 1/3rd of the whole body. The disability taken by the Commissioner is 30%, which is highly exaggerated. The other claimants, who had sustained injuries and disabilities arising out of the very same accident along with the claimant herein, have filed the claim petitions. All the 3 claim petitions were clubbed together and common award was passed. The Insurance company-appellant herein being aggrieved by the award passed by the Commissioner in WC No.74/2011 - 3 - HC-KAR NC: 2025:KHC-D:9282 MFA No. 20669 of 2013 preferred an appeal in MFA No.20667/2013. A Co-ordinate Bench of this Court by judgment dated 09.08.2024 dismissed the appeal filed by the insurance company. In the instant case, respondent No.2/the very same insurance company/appellant also stands on the same footing. 3. A perusal of the questions framed in the appeal disclose that they are purely questions of fact. I do not find any substantial question of law to be framed for consideration in this appeal. The Co-ordinate Bench of this Court in the aforementioned appeal placing reliance on the judgment of the Hon’ble Apex Court in the case of Golla Rajana v. Divisional Manager and another1 has dismissed the appeal. As the questions which arise in this appeal are purely questions of fact and there is no substantial question of law that arises for consideration in this appeal, I do not find any error in the award passed by the Commissioner. 4. Accordingly, I pass the following: 1 AIR 2016 SC 5382 - 4 - HC-KAR NC: 2025:KHC-D:9282 MFA No. 20669 of 2013 ORDER The appeal is dismissed. In view of dismissal of the appeal I.A.3/2023 does not survive for consideration. Accordingly, the same is disposed of. Sd/- (ASHOK S. KINAGI) JUDGE kmv CT: BSB