- 1 - HC-KAR NC: 2025:KHC:37261 MFA No. 5760 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5760 OF 2016 (WC) BETWEEN: THE ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE, MANGALORE REPRESENTED BY REGIONAL OFFICE, MOTOR THIRD PARTY CLAIMS HUB, NO.44/45, LEO SHOPPING COMPLEX, RESIDENCY ROAD,BANGALORE - 560025 BY ITS DULY CONSTITUTED ATTORNEY. …APPELLANT (BY SRI. RAVISHANKAR C. R., ADVOCATE) AND: 1. SMT GULABI AGED ABOUT 55 YEARS, W/O LATE DOODA GOWDA, 2. KUM. SHOBHA AGED ABOUT 26 YEARS D/O LATE DOODA GOWDA, 3. KUM. SHAKUNTALA AGED ABOUT 24 YEARS D/O LATE DOODA GOWDA, 4. SRI. CHETHAN AGED ABOUT 20 YEARS S/O LATE DOODA GOWDA, THE RESPONDENTS NO.1 TO 4 ARE R/AT "KUNDODI HOUSE", YEDAPADAV, SHIVRIKERE POST, MANGALORE - 575164 5. THE PROPRIETOR M/S MANGALA ELECTRICALS, KAIKAMBA, GANGIMUTT, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:37261 MFA No. 5760 of 2016 MANGALORE, D. K.-575001. 6. EXECUTIVE ENGINEER (ELECTRICAL) MESCOM, SHIKARIPURA, SHIMOGA DISTRICT-577201. …RESPONDENTS (BY SRI. HARSHA G., ADV. FOR SRI. B.S. SACHIN, ADV. FOR R1, SRI. PRASHANT T. PANDIT, ADV.FOR R6, R2,R3,R4,R5 - SERVED.) THIS MFA IS FILED U/S 30(1) OF W.C. ACT AGAINST THE JUDGMENT AND AWARD DATED: 29.2.2016 PASSED IN ECA.NO.39/2014 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, COMMISSIONER OF EMPLOYEES COMPENSATION, MANGALURU, D.K., AWARDING A COMPENSATION OF RS.4,38,600/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed against the award dated 29.02.2016 passed in ECA No.39/14 by the Court of I Addl. Sr. Civil Judge & Commissioner for Employees Compensation, Managaluru D.K. - 3 - HC-KAR NC: 2025:KHC:37261 MFA No. 5760 of 2016 2. For the sake of convenience, the parties shall be referred to as per their rank and status before the Court below. 3. One Doodagowda met with an accident on 24.02.2011 at a place Gogga village, Shikaripura Taluk wherein he climbed the electric pole to draw the electric wire and high tension line is not switched off due to negligence of respondent No.3 due to which the deceased suffered electric shock and fell from the electric pole. Immediately, he shifted to nearby Government hospital and succumbed to injuries. The petitioners being the wife, daughters and son of the deceased have filed claim petition claiming compensation of Rs.5,89,186/- with interest at 12% p.a. 4. The Competent Authority after considering the evidence on record had granted Rs.4,38,600/- compensation along with interest at 6% p.a. from the date of petition till the date of realization directing the respondents to pay the said compensation. Aggrieved by - 4 - HC-KAR NC: 2025:KHC:37261 MFA No. 5760 of 2016 the said order, the insurance company has preferred the instant appeal in which it is mainly contended that insurance policy was issued as per Workmen Compensation Act. As per the terms and conditions of policy at clause 2(i) is as under: "2(i) Any interest and/or penalty imposed on the insured on account of his/her failure to comply with the requirements laid down under the W.C. Act, 1923 and…" As such, they are not liable to pay compensation along with interest and the Court below erred in directing them to pay the interest on the compensation amount. Therefore, the same has to be modified. 5. Heard the arguments advanced by the learned counsel for the appellant/insurance company. 6. Admittedly, on the said compensation, the employer alone is liable to pay the interest to the petitioners as the policy is issued as per the Workmen Compensation Act and the insurance company is exonerated from paying the interest on the said - 5 - HC-KAR NC: 2025:KHC:37261 MFA No. 5760 of 2016 compensation to the petitioners and the same shall be paid by the employer. 7. In the result, the following order is passed: ORDER i. The appeal is allowed. ii. The judgment and award dated 29.02.2016 passed in ECA No.39/14 on the file of the Court of I Addl. Sr. Civil Judge & Commissioner for Employees Compensation, Mangaluru.D.K., is hereby modified; iii. The appellant/insurance company is exonerated from paying the interest on the compensation amount and the employer shall pay the interest on the compensation amount. iv. The amount in deposit is to be transferred to the Court below. Sd/- (P SREE SUDHA) JUDGE SSD List No.: 1 Sl No.: 50