- 1 - NC: 2025:KHC-D:3528 MFA No. 100488 of 2020 C/W MFA.CROB No. 100071 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.100488 OF 2020 (WC) C/W MFA CROSS OBJ NO.100071 OF 2020 IN M.F.A. NO.100488 OF 2020 BETWEEN: THE MANAGER, NATIONAL INSURANCE CO. LTD., RAMDEV GALLI, BELAGAVI, HEREIN REPRESENTED BY AUTHORIZED SIGNATORY, HUBLI. …APPELLANT (BY SRI VADIRAJ P.VADAVI, ADVOCATE) AND: 1. SMT. LAXMIBAI W/O. DHAREPPA KARAJANAGI, AGE: 49 YEARS, OCC: HOUSE WIFE, R/O: GUNDWADI, TAL: ATHANI, DT: BELAGAVI. 2. SMT. SANGEETA W/O. SANGAPPA BELLANKI, AGE: 30 YEARS, OCC: HOUSE WIFE, R/O: GUNDWADI, TAL: ATHANI, DT: BELAGAVI. 3. SHRI. MAHADEV S/O. DHAREPPA KARAJANAGI, AGE: 29 YEARS, OCCU: COOLIE, R/O: GUNDWADI, TAL: ATHANI, DT: BELAGAVI. 4. SMT. SUJATA W/O. APPASAHEB SUNKANATTI, AGE: 26 YEARS, OCC: HOUSE WIFE, R/O: GUNDWADI, TAL: ATHANI, DT: BELAGAVI. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3528 MFA No. 100488 of 2020 C/W MFA.CROB No. 100071 of 2020 5. SHRI. KADAPPA S/O. DHAREPPA KARAJANAGI, AGE: 26 YEARS, OCC: COOLIE, R/O: GUNDWADI, TAL: ATHANI, DT: BELAGAVI. 6. SHRI. RAVASAB S/O. BABU AVATADE, AGE: MAJOR, OCC: AGRI. AND BUSINESS, R/O: GUNDWADI, TAL: ATHANI, DT: BELAGAVI. …RESPONDENTS (BY SMT. GEETHA K.M., ADVOCATE FOR R1 TO R5; NOTICE TO R6 IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30 (1) (A)(AA) OF EMPLOYEES COMPENSATION ACT, 1923, PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 05.10.2019 PASSED BY THE IV ADDITIONAL SENIOR CIVIL JUDGE AND COMMISSIONER FOR EMPLOYEES COMPENSATION, BELAGAVI, IN ECA NO.47/2016 AND ETC., IN MFA CROB. NO.100071 OF 2020 BETWEEN 1. SMT. LAXMIBAI W/O. DHAREPPA KARAJANAGI, AGE: 49 YEARS, OCC: HOUSEWIFE, R/O: GUNDEWADI, TQ: ATHANI, DIST: BELAGAVI, NOW AT KAKATI, BELAGAVI-590010. 2. SMT. SANGEETA W/O. SANGAPPA BELLANKI, AGE: 30 YEARS, OCC: HOUSEWIFE, R/O: GUNDEWADI, TQ: ATHANI, DIST: BELAGAVI-591304. 3. SHRI. MAHADEV S/O. DHAREPPA KARAJANAGI, AGE: 28 YEARS, OCC: COOLIE, R/O: GUNDEWADI, TQ: ATHANI, DIST: BELAGAVI, NOW AT KAKATI, BELAGAVI-590010. 4. SMT. SUJATA W/O. APPASAHEB SANKONATTI, AGE: 26 YEARS, OCC: HOUSEWIFE, R/O: GUNDEWADI, TQ: ATHANI, DIST: BELAGAVI-591304. - 3 - NC: 2025:KHC-D:3528 MFA No. 100488 of 2020 C/W MFA.CROB No. 100071 of 2020 5. SHRI. KADAPPA S/O. DHAREPPA KARAJANAGI, AGE: 24 YEARS, OCC: COOLIE, R/O: GUNDEWADI, TQ: ATHANI, DIST: BELAGAVI, NOW AT KAKATI, BELAGAVI-590010. ...CROSS OBJECTORS (BY SMT. GEETHA K.M., ADVOCATE) AND 1. SHRI. RAVASAB S/O. BABU AVATADE, AGE: MAJOR, OCC: AGRICULTURE AND BUSINESS, R/O: GUNDEWADI, TQ: ATHANI, DIST: BELAGAVI-591304, (OWNER OF TRACTOR BEARING REG.NO.KA-23/TA-2244 AND TRAILER BEARING NO.KA-23/TC-3315). 2. THE MANAGER, THE NATIONAL INSURANCE CO. LTD., RAMDEV GALLI, BELAGAVI-590001, (INSURER OF TRACTOR BEARING REG.NO.KA-23/TA-2244 AND TRAILER BEARING NO.KA-23/TC-3315, BEARING POLICY NO.610202311510008871 VALID FROM 02-12-2015 TO 01-12-2016. RESPONDENTS (BY SRI VADIRAJ P.VADAVI, ADVOCATE FOR R2) THIS MFA.CROB IN MFA NO.100488/2020 FILED UNDER ORDER 41 RULE 22 OF CPC., PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT AND AWARD DATED 05.10.2019 PASSED BY THE IV ADDITIONAL SENIOR CIVIL JUDGE AND COMMISSIONER FOR EMPLOYEES COMPENSATION, BELAGAVI IN ECA NO.47/2016 AND ENHANCE THE COMPENSATION AS CLAIMED BY THE APPELLANT BY HOLDING THAT THE INSURANCE COMPANY IS LIABLE TO PAY THE SAME IN THE INTEREST OF JUSTICE AND EQUITY. - 4 - NC: 2025:KHC-D:3528 MFA No. 100488 of 2020 C/W MFA.CROB No. 100071 of 2020 THIS MISCELLANEOUS FIRST APPEAL AND MFA.CROB, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though these appeals are listed for admission, with consent of both the parties, it is taken up for final disposal. 2. MFA No.100488/2020 is filed by the Insurance Company on the ground that there is no relationship of employer and employee, whereas MFA.CROB.No.100071/2020 is filed by the claimants seeking for enhancement of compensation by challenging the judgment and award dated 05.10.2019, passed in ECA No.47/2016, by the Court of IV Additional Senior Civil Judge and Commissioner for Employees Compensation, Belagavi (for short, ‘Commissioner’). 3. The learned Commissioner upon accepting the case of claimants that the deceased Shri.Dhareppa Annappa Karajanagi (for short, ‘deceased’) died out of and in the course of employment, in holding that there was a relationship between the employer and employee, has granted compensation of Rs.6,12,360/- along with interest at the rate - 5 - NC: 2025:KHC-D:3528 MFA No. 100488 of 2020 C/W MFA.CROB No. 100071 of 2020 of 12% per annum from 30 days after the date of accident till the date of deposit. 4. The Insurance Company has preferred the appeal on the ground that there was no proof regarding relationship of employer and employee i.e., the respondent No.6, who was arraigned as respondent No.1 before the Commissioner and deceased. Whereas, the claimants have preferred the appeal, seeking for enhancement of compensation awarded by the Commissioner. Ex.P2 is complaint, in which, it is stated that on 17.02.2016, the deceased, while working as coolie under the employer, who is the owner of tractor bearing registration No.KA-23/TA-2244 and trailer bearing registration No.KA-23/T- 3315 (for short, tractor and trailer), sustained injuries on account of negligent act of driver of tractor and trailer and died on the spot. Therefore, it is proved from the police records that deceased died out of and in the course of employment. Since, the deceased was coolie, there could not be expected any documentary evidence in this regard. When First Information Report was given to police, which has relevant and admissible consideration in the present case, on all its preponderances of probabilities, proved the fact that deceased died on the spot - 6 - NC: 2025:KHC-D:3528 MFA No. 100488 of 2020 C/W MFA.CROB No. 100071 of 2020 while was working as coolie under the employment of owner of tractor and trailer. Therefore, there is no merit found in the contention taken by the learned counsel for the appellant/Insurance Company. Hence, the appeal filed by the Insurance Company is liable to be dismissed. 5. Considering the quantum of compensation awarded, the Commissioner by taking income at Rs.8,000/- per month in holding percentage of disability at 50% and considering relevant factor according to the age of claimant, has awarded a compensation of Rs.6,12,360/- along with interest at the rate of 12% per annum from 30 days after the date of accident till the date of deposit. Hence, there is no error found in the compensation awarded by the Commissioner and the Commissioner has rightly awarded compensation to the claimants by using correct parameters. Therefore, there is no need of interference by this Court with the quantum of compensation awarded by the Commissioner. Hence, the appeal filed by the claimants is also liable to be dismissed. 6. In the result, I proceed to pass the following: - 7 - NC: 2025:KHC-D:3528 MFA No. 100488 of 2020 C/W MFA.CROB No. 100071 of 2020 ORDER i) The appeal filed by the Insurance Company is dismissed. ii) The appeal filed by the claimants is dismissed. iii) The judgment and award dated 05.10.2019, passed in ECA No.47/2016, by the Court of IV Additional Senior Civil Judge and Commissioner for Employees Compensation, Belagavi, is confirmed. iv) The amount in deposit made by the appellant/Insurance Company shall be transmitted to the Tribunal. v) No order as to costs. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP List No.: 1 Sl No.: 67