- 1 - MFA No. 5634 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO MISCELLANEOUS FIRST APPEAL NO. 5634 OF 2019 (ECA) BETWEEN: 1. SMT. MEHAK NAAZ SUDARJI W/O LATE TANVEER AHAMED SUDARJI AGED ABOUT 30 YEARS, 2. KUM ARFA ANJUM D/O LATE TANVEER AHAMED SUDARJI AGED ABOUT 7 YEARS 3. SMT. FAIZUNNISA SUDARJI W/O MOHAMMED FAROOK SUDARJI AGED ABOUT 60 YEARS 4. MOHAMMED FAROOK SUDARJI S/O LATE BABA SAB SUDARJI AGED ABOUT 70 YEARS 5. KUM TAINAZ ANJUM SUDARJI D/O LATE TANVEER AHAMED SUDARJI AGED ABOUT 2 YEARS SINCE THE APPELLANT NO.2 AND 5 ARE MINORS WHO ARE REPRESENTED THROUGH THEIR MOTHER I.E. APPELLANT NO.1 ALL ARE RESIDENTS OF 2ND CROSS, NEKAR NAGAR ROAD, KALMESHWAR NAGAR, OLD HUBBALLI-580024. …APPELLANTS (BY SRI. SREE HARSHA A.K., ADVOCATE) - 2 - MFA No. 5634 of 2019 AND: 1. UNITED INDIA INSURANCE CO. LTD., REP BY ITS DIVISIONAL MANAGER AKKAMAHADEVI ROAD, P J EXTENSION DAVANAGERE-577 002. 2. H.C. NAGARAJAIAH S/O CHIKKA BYRAIAH MAJOR PROP. SEABIRD TOURIST CENTRE, OWNER OF BUS BEARING REG. NO. KA01/AB/3209 R/O NO.24, ANANATHA ARCADE A V ROAD KALASIPALAYAM BANGALORE-560 002. …RESPONDENTS (BY SRI. S.V.HEGDE MULKHAND, ADVOCATE FOR R-1; V/O DT:13.11.2019, NOTICE TO R-2 IS D/W) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 30(1) OF THE EMPLOYEES COMPENSATION ACT, 1923 PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 02-06-2018 PASSED BY III ADDL. SENIOR CIVIL JUDGE & MACT-VII AT DAVANGERE IN E.C.A.NO.5/2017, BY ALLOWING THIS APPEAL THEREBY ENHANCING THE COMPENSATION IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 25.10.2025 AND COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - MFA No. 5634 of 2019 CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO CAV JUDGMENT The present appeal is filed by the claimant under Section 30(1) of the Employees Compensation Act, 1923 (hereinafter referred to as “the ECA Act” for short) against the judgment and award dated 02.06.2018 passed by III Addl. Senior Civil Judge & MACT-VII at Davangere (hereinafter referred to as “the Commissioner”), seeking enhancement of compensation awarded by the Commissioner. 2. The facts leading to the filing of this appeal are as follows: The appellant/claimant is the deceased, Tanveer Ahamed Sudarji, was working as a driver for Respondent No. 1 and earning a monthly salary of Rs.15,000/- plus batta. On 21.12.2016, he died in a road traffic accident while driving the employer's bus bearing No.KA-01/ AB-3209 near Anagodu village, which occurred in the - 4 - MFA No. 5634 of 2019 course of and out of his employment, resulting in his death. Consequently, the appellant filed Claim Petition ECA.No.5/2017 seeking compensation of Rs.25,00,000/- with interest at 12% p.a., against respondent No.1- owner, and respondent no.2-insurer of the said vehicle. 3. Upon issuance of notice and substituted service through paper publication, respondent No.1 failed to appear and was placed ex-parte. The respondent No.2 filed a written statement denying liability while admitting insurance coverage at the relevant time, contending that the deceased did not possess a valid driving licence to ride bus bearing No.KA-01/AB-3209. 4. It is contended by the learned counsel for the appellant that considering the income of Rs.15,000/- per month and Rs.150/- daily as batta, which comes to nearly Rs.19,500/- per month, the Commissioner had determined the compensation contrary to the material on record and by giving the benefits under the new Employment compensation amendment Act, 2010 by taking the income of the deceased at Rs.8,000/-. - 5 - MFA No. 5634 of 2019 5. The Commissioner by its judgment and award dated 02.06.2018, accepted the contention of respondent No.2 and exonerated the insurer and fastened the liability upon the owner who remained ex-parte, awarding a meager sum of Rs.13,02,000/- with 12% interest per annum, without applying the new benefits in the Amendment Act, 2010. It is further observed by the Commissioner that the deceased was 34 years old as on date of accident and factor 199.40 is applicable. As per Ex- P.8 document deceased was born on 10.02.1982 and died on 21.12.2016. As on date of accident deceased was 34 years, 10 months old. As per schedule IV of the Act relevant factor is 199.40 is applicable in this case. On the basis of notified wages and relevant factor, loss of future wage is calculated as under: Loss of future wages: Rs.6,428.70 x 199.40=12,81,882.78/- 6. The learned Commissioner has awarded Rs.10,000/- towards transportation of dead body and - 6 - MFA No. 5634 of 2019 Rs.10,000/- towards funeral expenses. The appellants are entitled compensation as under: Sl.No. Particulars Rs. 1 Loss of future wages 12,81,882.78 2 Funeral expenses Rs.10,000.00 3 Transportation of dead body Rs.10,000.00 Total Rs.13,01,882.78 The commissioner has awarded a sum of Rs.13,01,882.78, rounded off to Rs.13,02,000/- has been awarded in favour of Petitioners No.1 to 5. 7. Further, the Insurance Company/respondent No.1 filed a Review Petition No.5/2018 under Order 47 Rule 1 read with Section 151 of CPC seeking for review of the judgment passed by the Commissioner and sought for relief that while calculating loss of future wages, 50% is not deducted in the assessed income of the deceased. By considering the fact that the review petition was allowed by the Commissioner and thereafter, modified the order and directed that claimants are entitled for - 7 - MFA No. 5634 of 2019 Rs.6,40,941.39/- including funeral expenses and transportation of dead body and further directed the respondent No.2 therein to pay compensation around a sum of Rs.6,61,000/- along with interest to claimants as awarded in ECA No.5/2017 and also made clear that there is no modification in respect of interest and costs awarded in the above said ECA. Hence, learned counsel for respondent No.1 sought to dismiss the appeal. 8. Heard the learned counsel for the appellants as well as counsel for Respondent No.1. 9. It is observed that Section 4 (1) (a) of the EC Act mandates that: “(1) Subject to the provisions of this Act, the amount of compensation shall be as follows, namely:-- (a) where death results from the injury : an amount equal to [fifty per cent.] of the monthly wages of the deceased [employee] multiplied by the relevant factor; or an amount of [one lakh and twenty thousand rupees], whichever is more;” - 8 - MFA No. 5634 of 2019 10. In view of Section 4(1)(a) of EC Act, the Tribunal had modified the judgment and award dated 02.06.2018. Therefore, there is no serious error on the part of the Commissioner and rightly considered the review petition and does not warrants any interference by this Court. Therefore, this appeal is liable to be dismissed. 11. In the result, the following order is passed: (i) Miscellaneous First Appeal is dismissed. (ii) Claimants would be entitled to compensation of Rs.6,61,000/- along with interest at the rate of 12% p.a., from the date of filing of the petition till realization. (iii) Respondent No.1 – Insurance Company is directed to deposit the compensation amount along with interest within a period of eight weeks from the date of receipt of copy of the judgment. - 9 - MFA No. 5634 of 2019 (iv) The Judgment and Award dated 02.08.2018 in Review Petition No.5/2018 passed by II Addl. Senior Civil Judge and JMFC at Davangere, is hereby confirmed. (v) Amount in deposit along with accrued interest, if any shall be transmitted to the Tribunal. (vi) Registry is directed to send back the TCR to the concerned Court. Sd/- (DR.K.MANMADHA RAO) JUDGE BNV